RE: Internet E-mail monitoring/approval

["dave" <dave () netmedic net>]

Sonja,


I believe what you were saying is true, if you were a Law Enforcement
Officer performing an Investigation.  What "SCOPE" do you have to define??

You can do many things that may not be admissible in court as evidence in a
criminal case.

Dave


 


 
_____________________
Dave Kleiman
dave () netmedic net
www.netmedic.net

 


-----Original Message-----
From: Robinson, Sonja [mailto:SRobinson () HIPUSA com] 
Sent: Monday, April 14, 2003 10:20
To: 'John Gormly'; 'security basics'
Subject: RE: Internet E-mail monitoring/approval

Each of you is right to an extent.  

Yes, there are some privacy issues with e-mail.  This is touchy area.  Bt
yes you can monitor it.  Yes, you SHOULD (MUST) have privacy (or lack
thereof) policies, monitoring policies and investigation policies.  

Would I allow the manager to read all of the e-mail?  Absolutely not! You
can set yourself up for a lawsuit because you are performing an
investigation that has NO DEFINED SCOPE and is being performed by a person
who is not properly trained or qualified to do so.  Not to mention
monitoring and investigations should be done by someone objective.  A
manager is not. You can not just arbitrarily focus on one person without
just cause. Let me explain this.  

I can monitor ALL users for web surfing and when a flag goes up for
unauthorized sites, I can take action.  But I was not focused on ONE user
the entire time.  Something caught my eye.  I can have all e-mail go through
a filter and if it picks up something I can investigate that.  I can't just
read Jane Doe's e-mail all day just because I can.  Now, let's say the
previously mentioned triggers or a very good suspicion about employee
activity is the case (as in this case it most likely is).  Well, now you go
into investigation mode.  This includes notifying your legal and hr dept
that you are doing an investigation and you help them edfine the scope
(especially legal).  What items are being leaked? To Whom?  Why do you think
so?  Based on these as well as other questions, you define your scope and
perform the investigation.  The investigator should (ideally) be a trained
and properly qualified forensic expert.  Why forensics, so that the
investigation will be performed following applicable laws and that
everything collected is OBJECTIVE and can be presented in court if it goes
to that.  In addition, a manager might not save e-mails properly (among
other things), may accidentally accuse without having properly conducting
the investigation and interpreting results.  This could damage an employee's
reputation and then you have a lawsuit there when they quit due to hostile
environment (seen it happen).  IF you fire an employee based on things in
e-mail you just might find yourself in a lawsuit (especially if its not what
you were looking for originally).  IF you go outside of the scope of the
investigation without redefining scope with legal approval then you're in
some potential trouble.  Don't get me wrong, I investigate e-mail and
Internet logs all the time.  I just do it legally and with the proper
approvals, scope etc.  I watch out for everyone's rights, employee and
employer.


Sonja Robinson, CISA
Network Security Analyst
HIP Health Plans
Office:  212-806-4125
Pager: 8884238615



-----Original Message-----
From: John Gormly [mailto:jgormlyjr () yahoo com] 
Sent: Saturday, April 12, 2003 8:05 AM
To: 'security basics'
Subject: RE: Internet E-mail monitoring/approval


 I would agree.  Also check with Human Resources of the company.  Our
employees sign an agreement before being issued a computer stating that the
computer is the property of the company and is for company use only.  All
activity (internet browsing, email access, etc., ) while using company
equipment is subject to monitoring.  We've never had a problem monitoring
email or internet access when we've needed to.


-----Original Message-----
From: Ben Schorr [mailto:bms () hawaiilawyer com] 
Sent: Thursday, April 10, 2003 7:55 PM
To: security basics

> My 2 cents ...
> 1. The basics of Law, Ethics and Investigation says, Never do anything
> that is unknown to user. Monitoring email activity without user 
> knowledge is illegal and your company can be sued for billions of 
> dollars.

Actually that's not necessarily true.  It depends largely upon what your
employee handbook and privacy agreements say.  If they explicitly state that
the e-mail system is company property and may be subject to monitoring
then...it might not be illegal.  It's assumed, in many cases, that if the
employee has been notified that their e-mail is company property and may be
monitored that any monitoring that may occur, even months later, is not
without their knowledge.

Best for Ted to consult with an attorney licensed to practice employment law
in his state.  Assuming he's in the USA.

-Ben-
Ben M. Schorr, MVP-Outlook, CNA, MCPx3
Director of Information Services
Damon Key Leong Kupchak Hastert
http://www.hawaiilawyer.com

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