RE: Internet E-mail monitoring/approval

["Mike Moore" <mike () moorecomputing net>]

Actually, this isn't true either. At least not for businesses in America.
Please see the exceptions mentioned here
http://gsulaw.gsu.edu/lawand/papers/fa99/nusraty_pascua/ . Basically a
business can monitor email for any number of reasons without any form of
written policy or consent. It would seem that if the business is the
provider there is no "reasonable assurance as to the expectancy of privacy".
Of course a good written policy makes this conversation mute :-)

Mike Moore

> -----Original Message-----
> From: Gregory Kane [mailto:gregory.kane () us army mil] 
> Sent: Friday, April 11, 2003 1:38 PM
> To: mike () moorecomputing net; security-basics () securityfocus com
> Subject: RE: Internet E-mail monitoring/approval
>
>
> Well what I was speaking to is what is found in many 
> organizations today. No clear cut policy. Without a written 
> policy stating that the company will monitor, and a copy of 
> that policy signed by the employee, then there is trouble. If 
> our intent is to establish a written policy, have it scrubbed 
> by legal, next have the employee(s) sign, then there is 
> bases. Arbitrary review of email with no written consent by 
> the employee leads to court. The written consent to monitor 
> is the employee's signature on the policy. What the law 
> stipulates is the "reasonable assurance as to the expectancy 
> of privacy". We can sign that expectancy away. The U.S. 
> Government sector can and does vary on this. And again all 
> this depends on the person wearing the black robe. I have 
> heard a judge in open court state - "If you do not like my 
> ruling then appeal". In this case the judge had ruled against 
> what appeared to be case law in favor of the plaintiff. There 
> just is no sure thing so all we can do is cover our ass(ets). 
> A case could be won on appellate, if the employee wins lower 
> court, but then trial costs skyrocket. With a good signed 
> policy an attorney would probably never take an employee case 
> to begin with. So long story short, my comment was based on 
> no signed company policy on email monitoring which I feel is 
> the norm for many companies.
>
> Greg Kane
>
> -----Original Message-----
> From: Mike Moore [mailto:mike () moorecomputing net] 
> Sent: Thursday, April 10, 2003 10:17 PM
> To: security-basics () securityfocus com
> Subject: RE: Internet E-mail monitoring/approval
>
> Actually that's not true for a business.
>
>  http://www.cli.org/emailpolicy/ECPA.html
>  
> http://www.jacksonlewis.com/publications/articles/20010923/default.cfm
>  http://cyber.findlaw.com/privacy/workplace.html
>  http://www.loundy.com/CASES/Bourke_v_Nissan.html
>
>
>
> > -----Original Message-----
> > From: Gregory.Kane () hood-ctsfmail army mil
> > [mailto:Gregory.Kane () hood-ctsfmail army mil] 
> > Sent: Thursday, April 10, 2003 12:16 PM
> > To: tfrederick () ascentek com; security-basics () securityfocus com
> > Subject: re: Internet E-mail monitoring/approval
> >
> >
> > Ted
> >
> > The best answer is to get a good attorney and a court order
> > for anywhere in the United States, or lots of money for the 
> > law suit. The Privacy Act has you on this one. Email is 
> > considered the same as personal snail mail and cannot be 
> > opened without a court order and it must be from a federal court.
> >
> > Greg Kane
> >
> >
> > Greg Kane M.S., GSEC, VAT
> > SAIC
> > CTSF-TD-IA
> > Assistant Information Assurance Manager
> > Trl- 4G
> > (254) 532-8321 X-2032
> > Cell 254-865-4934
> > gregory.kane () hood-ctsfmail army mil
> >
> >
> >
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