Take a look at these cases
Smyth VS Pillsbury
Shoars VS Epson
Burke VS Nissan
All of these deal with E-mail monitoring in some form or fashion. I am
currently writing a review of each of these cases to prove a point with our
security person here. They are under the impression that the same rights
that apply to individuals using an ISP applies to employees as well. As you
will find with all three of these cases, if the company owns the e-mail
system, then anything sent via that system is property of the company. There
are those that would argue that the ECPA will cover e-mail as well, but
there is no specific language in the ECPA for e-mail because it was not
mainstream at the time of its writing. Most court cases try to apply
telephone communications to e-mail communication because there is no
specific legislation for them to use nor are there many precedents for them
to refer back to.
Erik
-----Original Message-----
From: C.E. GENE CONNOR [mailto:[EMAIL PROTECTED]]
Sent: Monday, September 10, 2001 10:07 AM
To: NT System Admin Issues
Subject: RE: e-mail privacy - where do we stand
here are the answers to some of your questions ect.!!!!
http://lawcrawler.findlaw.com/scripts/lc.pl?entry=+e-mail+privacy+&sites=all
But with respect to an employer’s privately-owned internal e-mail system,
the prevalent view among lawyers is that employees do not have rights of
privacy in e-mail communications they send and receive on their employer’s
system unless the employer acts in a manner giving rise to a reasonable
expectation of privacy.
there have been case's that have went to court in Jacksonville, fl. where a
long time "over 12 yrs"well known city employee was fired!! for having
certain things in her mail folder on a city system!!
Gene C. aka C.E. Gene Connor
Gene's Custom PC Service since 1989
Serving the U.S., Canada & London,England
-----Original Message-----
From: Kenneth Taira [mailto:[EMAIL PROTECTED]]
Sent: Monday, September 10, 2001 10:29 AM
To: NT System Admin Issues
Subject: RE: e-mail privacy - where do we stand
In the U.S., e-mail (and voice mail) is the property of the employer. There
can be no expectation of privacy. At this point, it is more of a matter of
company policy. For example, a manager would probably be able to
read his/her subordinate's e-mail but could probably have the subordinate
censured for reading his/her e-mail.
As ISP's anything we uncover in the normal course of system administration
can be acted upon (i.e. turned into authorities.) However, once we contact
law enforcement, we are in a sense deputized and cannot look into their
e-mail accounts without a search warrant.
http://www.sunbelt-software.com/ntsysadmin_list_charter.htm
http://www.sunbelt-software.com/ntsysadmin_list_charter.htm
http://www.sunbelt-software.com/ntsysadmin_list_charter.htm
