Security Basics mailing list archives

Spy Software a RIGHT to monitor


From: "James Lee Gromoll" <jgromoll () hotmail com>
Date: Sun, 13 Apr 2003 16:23:59 -0700

Heard about on here and had to put in my
$.02
clink clink

[snip][paste]
"I believe a user would have the right to know what is running on >>their system,"

You must understand something...A companies computers are >theirs...Period. They have the right to put on them whatever they >decide/choose/mandate/install unbeknonst to users/ however you want to >slice it....they (corporations) provide users with computers, merely as >a tool or vehicle of sorts to accomplish "work related" tasks....and >work related tasks only (usually).

Corporations have no more "RIGHT" to do this than they have to put video cameras in the toilet stalls, which are thiers also. If our user provides his OWN unique password to access this system, similar to providing his own lock for his personal locker, then his use of the system is reasonably private. K-Mart lost a case over personal lockers just like this. If you reject that this is a "Locked" or "Secured" system, then the law still holds that the search must be "reasonable". Failing all this there are myriad telecommunications and wiretapping laws that would hold the corporation has overstepped its bounds when it fails to inform employees that it is monitoring traffic on its network. You would have to argue that this was used in the normal course of business, then you would have to explain why the normal course of business was to violate Title 18 Chapter 119 of the federal statutes. Even US military agencies recognize this and all military systems display banners and splash pages that inform you the system is subject to monitoring. Telling your company to put whatever software they want on a system to monitor personnel and not inform employees is bad. This could result in you being held accountable for it later. I strongly suggest you discuss it with your legal staff first. If you find out you are being monitored without being informed, there are lots of underemployed lawyers as well as the ACLU out there who are ready, willing and able.

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