If they sign the disclosure statement, they have no place on which to hang their hat. It is the disclosure or lack thereof that gets some companies into trouble. ----- Original Message ----- From: "Tom DeReggi" <[EMAIL PROTECTED]> To: "WISPA General List" <wireless@wispa.org> Sent: Thursday, August 21, 2008 12:55 PM Subject: Re: [WISPA] Employee Tracking Program
>> Employers own the content of all correspondence >> That has been time tested. > > Not true, from my experience. Expecially if the correspondance is > non-business related. > > Actually, I was involved in a case where the employer was successfully > sued > by the employee for violating their employee's privacy. > The employer was threatening to fire certain employees, based on the > content > (most likely porn) of personal Emails sent and read from work, and Web > access to some sites. > We installed the original tracking system, and we de-installed it after > they > lost the suit, and re-installed the new solution that did not put the > employer at risk to lose another costly law suit of that nature. Granted, > this took place probably 8 years ago, when I was still in the LAN network > integration business. There could have been newer law changing > legislation. > > Regardless of what the current laws are or are not, an Employer really > needs > to think about whether they really want to go there in the first place, to > risk defending litigation. Privacy issues can be very complicated, and > expensive to defend. By default the legal system favors the employee in > almost all aspects, and the employer is held responsible for the burden to > setup the policies, proceedures, and agreements in advance in a way that > are > law biding. At minimum, a clear plan has to be defined on what the > privacy > policy is. In many cases if a policy is set AFTER an employee starts > employment, it can be argued that the employee was Coerced/forced to sign > an > agreement that they did not want to agree to, or they'd lose the job that > they rely on, which they committed to based on other terms. So there is > even the possibilty that signed privacy agreements can be thrown out as > non-inforcible. Again, these are very generalized statements, and there > are > many variables that go into what is and isn't legally inforcible. > > Installing a solution that allows one to manage there network, completely > avoids the privacy issues and any law suits, and often accomplishes the > same > goals, to keep employees focused on work and not personal activities. > > To be clear, there are four issue here. > 1) Tracking someone's use without letting them know that you are tracking > it. (remember why someone must disclose if a telephone call or > conversation > is being recorded?) > 2) Tracking someone's use with or without an official privacy/usage > policy. > (remember discussions regarding ISPs privacy issues) > 3) Whether you are allowed to track someone's personal/private Internet > use > in the first place, and if so, how its distinguished which use/content is > personal/private versus business. > 4) Whether being "on-the-clock" and within a "Business office" is enough > to > for someone's Internet use/content to be considered "Business" property. > > Prior to tracking Employee's use the Employer should have a clear legal > understanding of how they can defend each and every one of these things, > are > they are putting themselves at a legal risk. > > I can tell you, the case I was involved in was not a small claims court > case. Big dollars were put on the table. If this same situation occured > to > a small company, I'd bet that 99% of the employers would be forced to > settle > out of court early, and payoff the employee, because the cost to defend > the > case would far outway the benefit, and getting compensation from the > employee for the legal fees is not a likely thing to occur. > > Its something to think about. > > Tom DeReggi > RapidDSL & Wireless, Inc > IntAirNet- Fixed Wireless Broadband > > > ----- Original Message ----- > From: "Chuck McCown" <[EMAIL PROTECTED]> > To: "WISPA General List" <wireless@wispa.org> > Sent: Wednesday, August 20, 2008 11:41 AM > Subject: Re: [WISPA] Employee Tracking Program > > >> Not true. Employers own the content of all correspondence, whether >> electronic or otherwise. >> That has been time tested. >> Plus, in this state we can record the phone calls. We can record you on >> the >> phone without even notifying you if we call you or if you call us. >> >> ----- Original Message ----- >> From: "Tom DeReggi" <[EMAIL PROTECTED]> >> To: "WISPA General List" <wireless@wispa.org> >> Sent: Wednesday, August 20, 2008 10:40 AM >> Subject: Re: [WISPA] Employee Tracking Program >> >> >>> Also note there are privacy legal issues here. Some opinions are that it >>> is >>> illegal for an employer to secretly watch their employee's Internet >>> content >>> and/or usage. >>> That information is considered the property of the employee. This is why >>> many organizations chose to restrict what their employees can do, >>> apposed >>> to >>> watch what is being done. >>> >>> If information is being tracked, it should be tracked in a non-biases >>> consistent way, with disclosure, or deployed with an alternate duplicate >>> purpose . For example, if you install a Proxy server, that data will >>> often >>> be available, but it could be defended as a security protection measure. >>> (apposed to invasion of privacy and spying on employees) >>> >>> Tom DeReggi >>> RapidDSL & Wireless, Inc >>> IntAirNet- Fixed Wireless Broadband >>> >>> >>> ----- Original Message ----- >>> From: "Eric Rogers" <[EMAIL PROTECTED]> >>> To: "WISPA General List" <wireless@wispa.org> >>> Sent: Wednesday, August 20, 2008 11:11 AM >>> Subject: [WISPA] Employee Tracking Program >>> >>> >>>>I have a company that would like to track real-time and summary >>>> information of internet activity of it's employees (by IP). They are >>>> looking for summary information, not email content/instant messenger >>>> chats/passwords. What would be ideal would be a passive device that >>>> acts like a sniffer that either hits layer 7 and reads the >>>> www.xxxxxx.com from the data portion of the packets, or just looks at >>>> the DNS traffic, tracks IPs and reports it. Maybe even amount of >>>> bandwidth spent at each IP... or something of that nature. >>>> >>>> >>>> >>>> Any ideas? I have recommended software that is a keylogger and >>>> recorder, but they want something that is totally transparent, i.e. >>>> sniffer. >>>> >>>> >>>> >>>> Thanks, >>>> >>>> >>>> >>>> Eric Rogers >>>> >>>> Precision Data Solutions, LLC >>>> >>>> (317) 831-3000 x200 >>>> >>>> >>>> >>>> -------------------------------------------------------------------------------- >>>> WISPA Wants You! Join today! >>>> http://signup.wispa.org/ >>>> -------------------------------------------------------------------------------- >>>> >>>> WISPA Wireless List: wireless@wispa.org >>>> >>>> Subscribe/Unsubscribe: >>>> http://lists.wispa.org/mailman/listinfo/wireless >>>> >>>> Archives: http://lists.wispa.org/pipermail/wireless/ >>>> >>>> >>>> -- >>>> No virus found in this incoming message. >>>> Checked by AVG. >>>> Version: 7.5.524 / Virus Database: 270.6.4/1616 - Release Date: >>>> 8/16/2008 >>>> 5:12 PM >>>> >>>> >>> >>> >>> >>> -------------------------------------------------------------------------------- >>> WISPA Wants You! Join today! >>> http://signup.wispa.org/ >>> -------------------------------------------------------------------------------- >>> >>> WISPA Wireless List: wireless@wispa.org >>> >>> Subscribe/Unsubscribe: >>> http://lists.wispa.org/mailman/listinfo/wireless >>> >>> Archives: http://lists.wispa.org/pipermail/wireless/ >>> >> >> >> >> -------------------------------------------------------------------------------- >> WISPA Wants You! Join today! >> http://signup.wispa.org/ >> -------------------------------------------------------------------------------- >> >> WISPA Wireless List: wireless@wispa.org >> >> Subscribe/Unsubscribe: >> http://lists.wispa.org/mailman/listinfo/wireless >> >> Archives: http://lists.wispa.org/pipermail/wireless/ >> >> >> -- >> No virus found in this incoming message. >> Checked by AVG. >> Version: 7.5.524 / Virus Database: 270.6.4/1616 - Release Date: 8/16/2008 >> 5:12 PM >> >> > > > > -------------------------------------------------------------------------------- > WISPA Wants You! Join today! > http://signup.wispa.org/ > -------------------------------------------------------------------------------- > > WISPA Wireless List: wireless@wispa.org > > Subscribe/Unsubscribe: > http://lists.wispa.org/mailman/listinfo/wireless > > Archives: http://lists.wispa.org/pipermail/wireless/ > -------------------------------------------------------------------------------- WISPA Wants You! 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