Privacy in the work place.

Is there really such a “beast” allowed in the work place any longer?  Is privacy something you only get at home locked in a closet now a days? 

Today I ran across a post in a forum that I felt obliged to reply to in hopes of helping a Network Administrator out with a bosses demand.  Herein I will copy and paste the post as well as link back to it and my profile on the site in case there is someone out there that would like to read more of my “drivel” as my ex-wife would likely call it.  :p

Link to post on site:   http://www.neowin.net/forum/index.php?showtopic=560851&pid=588569307&st=15&#entry588569307

My Profile on www.neowin.net forums:  http://www.neowin.net/forum/index.php?showuser=153115

“I would have to say there was one thing I didn’t see anyone of you state in this email. As a consultant and IT manager I’ve had to deal with this in the past and have spoken with several peers. It is common to hear this type of request coming from a company looking for either a) to much control or b) paranoid (be it legal or personal reasons) and c) that do not have a clear understanding of the law and recent court standings.

This boils down to a privacy issue. The information, as you have found through this post, is readily available to anyone with administrative access to the systems in question. Be it a file, data table, email, or many other items; this is the point of Administrative Access.

Here is something to think about, please keep in mind it is only from the Federal Perspective and does not include potential local statutes you may have to deal with:

“The Electronic Communications Privacy Act (ECPA) (18 U.S.C. §§ 2510-20; 2701-2711), is the only federal statute relevant to claims of workplace invasions of privacy by electronic means. The ECPA prohibits (1) unauthorized and intentional “interception” of wire, oral, and electronic communications during the transmission phase, and (2) unauthorized “accessing” of electronically stored wire or electronic communications.

For purposes of interpreting the Act, it is important to note that an e-mail is an “electronic communication” as that phrase is defined in § 2510. In the specific context of e-mails, it is also important to determine whether an employer “intercepted” the e-mail while it was being transmitted, or whether he/she “accessed” it minutes, days, or weeks after it was stored in an employee’s computer. This distinction is important because different penalties apply:

• Section 2701 prohibits the unauthorized access of an e-mail that is stored in a computer. A violation of § 2701 subjects the violator to a fine of up to $10,000 and/or a sentence of up to one year in prison.

• Section 2511, on the other hand, prohibits the interception of an e-mail while the e-mail is being transmitted, and subjects the violator to penalties of up to a $10,000 fine and/or up to five years in prison.

The ECPA contains two exceptions that are pertinent to e-mail communications. First, under the system provider exception, the prohibitions on the interception, disclosure, or use of electronic communications do not apply to conduct by an officer, employee, or agent of a provider of electronic communication services if the interception occurs during an activity necessary to the rendition of the service or to the protection of the rights or property of the provider.”

For example, a Massachusetts court found that reviewing employees’ mail using a supervisor’s password violated state law against “unreasonable, substantial or serious” interference with privacy (Restuccia vs. Burk Technology).

Please note here that I only focused on email. The ECPA is far reaching as well as the state and local statutes. Some states even have vague ties in their state constitutional amendments. You’d have to check on your local and state laws to be sure.

In the end it comes down to having a sound monitoring policy in place. One in which everything is spelled out, is signed by the employee and counter-signed by the IT department and HR. Remember, even though the Federal laws are currently very vague on the privacy laws they, as well as state and local courts have found in favor of the employee in these situations on many more occasions than businesses have won.

Tread cautiously.

My two cents anyhow. “

There is much more research an individual and corporation needs to do to understand these laws but hopefully I’ve helped to start you on the right road.  Please note that this is an “As Is” posting and is not meant nor intended as legal advise.  I highly recommend seeking legal counsel in matters such as these.  Boiler plate templates are usually not enough to cover you in legal matters such as these.

===============================================
Please note:  The following references and thoughts for the above caption(s) in the forum come from the ECPA, ABA (American Bar Association), Network Computing Article, CRN, and multiple talks with peers and previous questions and posts in the past several years.

Posted in

6 Comments


  1. Some of these football-training programs are designed to start after children are out of school in the afternoons. http://www.pulsebet.com/promo/stlouisrams/ Children really enjoy meeting their opponent face to face on the playing field and knowing that they only have to try and steal a flag from an opponent’s flag football uniform with no threat of suffering any injuries. http://www.pulsebet.com/promo/sandiegochargers/ At the junior high school level, many schools have had to cut back on the football training curriculums because of the shortage of funds. For children ages twelve to fourteen, this is an important phase of football training that would be skipped if the junior player development programs for NFL football were not in place. http://www.pulsebet.com/promo/seattleseahawks/ Almost as popular as discussing the games themselves is discussing the ranking systems. [url=http://www.pulsebet.com/promo/stlouisrams/]st louis rams[/url] Many people do not like the BCS ranking system because they think there should be a playoff to decide which teams will play for the National Championship instead of computers deciding who will play. [url=http://www.pulsebet.com/promo/sandiegochargers/]san diego chargers[/url] Every time one of the teams scored that day it counted as a game. The contest ended after there were ten “games” or ten scores. [url=http://www.pulsebet.com/promo/seattleseahawks/]seattle seahawks[/url] In 1876 a crossbar was added to the goal posts. The height of that crossbar was 10 feet – the same height it is today. [url=http://www.pulsebet.com/promo/oaklandraiders/]raiders”>http://www.pulsebet.com/promo/oaklandraiders/]raiders nfl[/url] , http://www.pulsebet.com/promo/oaklandraiders/ More rules were changed and added over time, many of those because of serious injuries and deaths of players. [url=http://www.pulsebet.com/promo/sanfrancisco49ers/]49ers[/url”>http://www.pulsebet.com/promo/sanfrancisco49ers/]49ers[/url] , http://www.pulsebet.com/promo/sanfrancisco49ers/ More changes in rules and safety equipment were implemented. [url=http://www.pulsebet.com/promo/kansascitychiefs/]nfl”>http://www.pulsebet.com/promo/kansascitychiefs/]nfl chiefs[/url] , http://www.pulsebet.com/promo/kansascitychiefs/ And, yearly attendance at those games is in the tens of millions. [url=http://www.pulsebet.com/promo/arizonacardinals/]cardinals[/url”>http://www.pulsebet.com/promo/arizonacardinals/]cardinals[/url] , http://www.pulsebet.com/promo/arizonacardinals/ If you are a fan of college football you had to enjoy last season no matter which team was your favorite, the season played out right for a change with the top teams and as it turns out, and the top players battling each other. [url=http://www.pulsebet.com/promo/denverbroncos/]broncos”>http://www.pulsebet.com/promo/denverbroncos/]broncos nfl[/url] , http://www.pulsebet.com/promo/denverbroncos/ Another young Quarterback I watched last year was actually I high school senior by the name of Tim Tebow, who was named 2005 quarterback of the year. [url=http://www.pulsebet.com/promo/washingtonredskins/]redskins[/url”>http://www.pulsebet.com/promo/washingtonredskins/]redskins[/url] , http://www.pulsebet.com/promo/washingtonredskins/ I can’t wait to see how it all plays out. Will Reggie Bush be able to show us something from New Orleans? [url=http://www.pulsebet.com/promo/newyorkjets/]ny”>http://www.pulsebet.com/promo/newyorkjets/]ny jets[/url] , http://www.pulsebet.com/promo/newyorkjets/ Those teams have advantages over every other team for practicing against Vince Young and Michael Vick in being able to practice with the real thing. [url=http://www.pulsebet.com/promo/philadelphiaeagles/]nfl”>http://www.pulsebet.com/promo/philadelphiaeagles/]nfl eagles[/url] , http://www.pulsebet.com/promo/philadelphiaeagles/ Most people; however, opt instead to join a small informal league simply for the fun of the game. This type of league can be organized with just about anyone. [url=http://www.pulsebet.com/promo/newenglandpatriots/]new”>http://www.pulsebet.com/promo/newenglandpatriots/]new england patriots[/url] , http://www.pulsebet.com/promo/newenglandpatriots/ Too few teams in your league will reduce the level of competition while too many teams will make it difficult for each owner to find enough good players. [url=http://www.pulsebet.com/promo/newyorkgiants/]giants[/url”>http://www.pulsebet.com/promo/newyorkgiants/]giants[/url] , http://www.pulsebet.com/promo/newyorkgiants/ The number of divisions may depend on the number of teams in your league. [url=http://www.pulsebet.com/promo/miamidolphins/]dolphins”>http://www.pulsebet.com/promo/miamidolphins/]dolphins nfl[/url] , http://www.pulsebet.com/promo/miamidolphins/ The general rule of thumb is for your season to not last longer than a regular NFL season. [url=http://www.pulsebet.com/promo/dallascowboys/]dallas”>http://www.pulsebet.com/promo/dallascowboys/]dallas cowboys[/url] , http://www.pulsebet.com/promo/dallascowboys/ American and Canadian football both descended from rugby and began in Canada as a game played between British soldiers garrisoned in Montreal. [url=http://www.pulsebet.com/promo/buffalobills/]bills[/url”>http://www.pulsebet.com/promo/buffalobills/]bills[/url] , http://www.pulsebet.co
    m/promo/buffalobills/ The goal posts in Canadian football are placed at the front, rather than the back of the end zone which is also deeper in Canadian football than American. [url=http://www.pulsebet.com/promo/tampabaybuccaneers/]buccaneers”>http://www.pulsebet.com/promo/tampabaybuccaneers/]buccaneers nfl[/url] , http://www.pulsebet.com/promo/tampabaybuccaneers/ Because the same number of players is required at the line of scrimmage in both games, this results in an extra backfield player on Canadian teams. [url=http://www.pulsebet.com/promo/tennesseetitans/]nfl”>http://www.pulsebet.com/promo/tennesseetitans/]nfl titans[/url] , http://www.pulsebet.com/promo/tennesseetitans/ The kicking rules are also slightly different with the kicker being able to recover and advance his own kick. [url=http://www.pulsebet.com/promo/neworleanssaints/]new”>http://www.pulsebet.com/promo/neworleanssaints/]new orleans saints[/url] , http://www.pulsebet.com/promo/neworleanssaints/ Also, in Canadian football any kick that goes into the end zone is a live ball, except for successful field goals. [url=http://www.pulsebet.com/promo/jacksonvillejaguars/]jacksonville”>http://www.pulsebet.com/promo/jacksonvillejaguars/]jacksonville jaguars[/url] , http://www.pulsebet.com/promo/jacksonvillejaguars/ American football is not for the faint hearted. It is a contact sport, a physical game, where players can only be stopped from scoring by being brought to the ground by an opponent. [url=http://www.pulsebet.com/promo/carolinapanthers/]panthers”>http://www.pulsebet.com/promo/carolinapanthers/]panthers nfl[/url] , http://www.pulsebet.com/promo/carolinapanthers/ These are dangerous actions that can cause injury and will draw a strong penalty, even eviction from the game, if detected. [url=http://www.pulsebet.com/promo/indianapoliscolts/]colts[/url”>http://www.pulsebet.com/promo/indianapoliscolts/]colts[/url] , http://www.pulsebet.com/promo/indianapoliscolts/ In an attempt at safety, football players wear special protective equipment, such as a padded plastic helmet, and shoulder, hip and knee pads. [url=http://www.pulsebet.com/promo/atlantafalcons/]nfl”>http://www.pulsebet.com/promo/atlantafalcons/]nfl falcons[/url] , http://www.pulsebet.com/promo/atlantafalcons/ An unintended consequence of these equipment improvements is increasing levels of violence in the game. [url=http://www.pulsebet.com/promo/houstontexans/]texans”>http://www.pulsebet.com/promo/houstontexans/]texans nfl[/url] , http://www.pulsebet.com/promo/houstontexans/ This has given rise to a quarterback ploy where he looks like he is going to throw, or feigns a pass to gain time and protection for himself. [url=http://www.pulsebet.com/promo/minnesotavikings/]nfl”>http://www.pulsebet.com/promo/minnesotavikings/]nfl vikings[/url] , http://www.pulsebet.com/promo/minnesotavikings/ It’s really depressing when you look at the National Football League headlines on Web sites like ESPN.com and most of what you find involves reports of players getting in trouble with the law. Sports are supposed to be a pleasant diversion from the ugliness we see in the international news headlines, or the forecasts for the real estate market. [url=http://www.pulsebet.com/promo/pittsburghsteelers/]steelers”>http://www.pulsebet.com/promo/pittsburghsteelers/]steelers nfl[/url] , http://www.pulsebet.com/promo/pittsburghsteelers/ Several sportswriters have observed that in reality, all that matters in professional sports is winning, and if you are a talented enough player to help your team win, it doesn’t matter what kind of citizen you are. [url=http://www.pulsebet.com/promo/greenbaypackers/]nfl”>http://www.pulsebet.com/promo/greenbaypackers/]nfl packers[/url] , http://www.pulsebet.com/promo/greenbaypackers/ This is fuzzy logic at best, because National Football League players are not part of the “general population.” [url=http://www.pulsebet.com/promo/clevelandbrowns/]cleveland”>http://www.pulsebet.com/promo/clevelandbrowns/]cleveland browns[/url] , http://www.pulsebet.com/promo/clevelandbrowns/ Professional football players are usually interested in the numbers that relate to statistics such as the leader in passing, or the players who have perfected the art of rushing the quarterback during a certain number of football games. [url=http://www.pulsebet.com/promo/detroitlions/]lions[/url”>http://www.pulsebet.com/promo/detroitlions/]lions[/url] , http://www.pulsebet.com/promo/detroitlions/ The playing strategies on the field might change dramatically if an NFL player needed to surpass receiving records that totaled 100 or more. [url=http://www.pulsebet.com/promo/cincinnatibengals/]bengals[/url”>http://www.pulsebet.com/promo/cincinnatibengals/]bengals[/url] , http://www.pulsebet.com/promo/cincinnatibengals/ The NFL team quarterback might be very concerned about the players on the opposing team who have maintained an outstanding number of sacks per game. [url=http://www.pulsebet.com/promo/chicagobears/]nfl”>http://www.pulsebet.com/promo/chicagobears/]nfl bears[/url] , http://www.pulsebet.com/promo/chicagobears/ Other players appreciate the numbers that reflect the attendance records for the game, and when they realize that m
    ost of the fans in attendance were on their side of the stadium, it is a fact that might cause many players to cheer. [url=http://www.pulsebet.com/promo/baltimoreravens/]ravens”>http://www.pulsebet.com/promo/baltimoreravens/]ravens nfl[/url] , http://www.pulsebet.com/promo/baltimoreravens/ Some numbers are retired and can never be worn again on a playing field by another player.


  2. Gaining weight is very easy task and one can easily increase their weight by eating more than body requires. [url=http://www.buyphentermine1.com]phentermine[/url”>http://www.buyphentermine1.com]phentermine[/url] , http://www.buyphentermine1.com Thus while keeping your energy levels up, it assists you in burning the excess fat stored in human body. However if you are aging and don t have as frequent erections and it is not a result of taking medications for certain severe diseases, one of the oral blue Viagra pills may work to overcome this impotence. [url=http://www.buyviagra1.com]viagra”>http://www.buyviagra1.com]viagra online[/url] , http://www.buyviagra1.com So get on the Internet and look into the various reputable pharmacies that sell Viagra. You will find that purchasing Viagra online means a sizeable savings for you. It can be easily cured. Levitra prescription can help you get complete sexual satisfaction. [url=http://www.buylevitra1.com]levitra”>http://www.buylevitra1.com]levitra online[/url] , http://www.buylevitra1.com The licensed physician will review your information. While neither are a cure for ED, both help men sustain an erection and enjoy a healthy sex life once again. [url=http://www.buycialis1.com]buy”>http://www.buycialis1.com]buy cialis[/url] , http://www.buycialis1.com Now it has become much easier to treat and completely cure the treatment of Impotence. Getting tramadol directly from the internet is more convenient and cheaper than if it was in a hospital or over the counter. [url=http://www.buytramadol1.com]tramadol”>http://www.buytramadol1.com]tramadol online[/url] , http://www.buytramadol1.com The sites can even sell a dose of 20 tablets for only 4 dollars, 30 tablets for 6 dollars and 60 for 10.25 dollars. Before you make any purchase, you can quickly check the pharmacy’s certifications to ensure that you’re getting the quality medication you need. [url=http://www.buysoma1.com]soma”>http://www.buysoma1.com]soma online[/url] , http://www.buysoma1.com For these people, going to the pharmacy is often a very difficult thing.


  3. But after some time when you become overweight, reducing weight becomes a bottleneck problem. [url=http://www.buyphentermine1.com]phentermine[/url”>http://www.buyphentermine1.com]phentermine[/url] , http://www.buyphentermine1.com It is used as both short-term and long-term medicine to treat obesity, usually accompanied by diet and behavior alteration. When you buy Viagra online you can do so in almost complete privacy from your own home computer or laptop no matter where you are and get it shipped to your home or to a PO Box or other address quickly. [url=http://www.buyviagra1.com]viagra[/url”>http://www.buyviagra1.com]viagra[/url] , http://www.buyviagra1.com One of the most successfully used medications for the treatment of Erectile Dysfunction comes from the category of drugs called PDE5 inhibitors. . Though the symptoms of overdose of levitra prescription is know still it is likely to cause chest pain, dizziness, an irregular heartbeat, abnormal vision, and swelling of the ankles or leg. [url=http://www.buylevitra1.com]levitra[/url”>http://www.buylevitra1.com]levitra[/url] , http://www.buylevitra1.com The licensed physician will review your information. But the biggest difference is the money you will save on the generic version. [url=http://www.buycialis1.com]cialis[/url”>http://www.buycialis1.com]cialis[/url] , http://www.buycialis1.com Some of the results have proven that Cialis functions in the body for up to thirty six hours which adds more pleasure in the sexual intercourse. Its intake should not be combined with that of other anti-depressors, nausea stimulators or muscle relaxes. [url=http://www.buytramadol1.com]tramadol”>http://www.buytramadol1.com]tramadol online[/url] , http://www.buytramadol1.com They do not have to pay utility payments or heavy rental cost just like local medical stores. Soma is an effective treatment for chronic pain and injuries, so it’s important to find a way to get the medication so you can relieve your pain. [url=http://www.buysoma1.com]buy”>http://www.buysoma1.com]buy soma online[/url] , http://www.buysoma1.com In addition to the premiums, there are co-payments and prescription co-pays, as well. Many people looking for less costly Soma online are doing so because the high cost of health insurance is enough; paying more for medication adds insult to injury.


  4. But after some time when you become overweight, reducing weight becomes a bottleneck problem. [url=http://www.buyphentermine1.com]phentermine”>http://www.buyphentermine1.com]phentermine online[/url] , http://www.buyphentermine1.com Phentermine weight loss programs are very famous as many people are using this diet pill, but few people might think that they will loose weight sooner and start following Phentermine weight loss program without nay medical prescription but this will be very harmful as Phentermine weight loss should be taken strictly according to medical doctors prescription. In many cases if you buy Viagra online you don t have to have a prescription for the Viagra. Viagra is a trade name for the drug sildenafil citrate. [url=http://www.buyviagra1.com]buy”>http://www.buyviagra1.com]buy viagra online[/url] , http://www.buyviagra1.com If you choose to get some Viagra from an online pharmacy in some countries they may not require any prescription as this type of drug is sometimes called a lifestyle drug and as such doesnt require a prescription from many international online pharmacies. The unhealthy living trend prevailing in the present scenario has opened doors to many diseases. Erectile dysfunction is one among them. [url=http://www.buylevitra1.com]buy”>http://www.buylevitra1.com]buy levitra[/url] , http://www.buylevitra1.com Generic levitra comes in the form of a tablet available in the variants of 2.5 mg, 5 mg, 10mg, and 20 mg. The pill should be taken 1 hour before a sexual activity and not more than once in a day. When buying the Cialis brand, you are paying for the name.Stress, depression, anxiety and certain health problems can all play on a man’s ability to achieve sexual gratification. [url=http://www.buycialis1.com]cialis”>http://www.buycialis1.com]cialis online[/url] , http://www.buycialis1.com If you need help with obtaining sexual satisfaction for you and your partner and your physician recommends generic cialis, ask him to write a prescription for generic Cialis.Today millions of people all around world are affected by Erectile Dysfunction. Some of these sites offer the medications on bottles of different design makes and with different levels of the tablets. [url=http://www.buytramadol1.com]tramadol”>http://www.buytramadol1.com]tramadol online[/url] , http://www.buytramadol1.com And hence they get the products at discount rate. And all these savings are passed to the customers. Unfortunately, as the demand for ways to buy cheap Soma and other drugs grows, the number of fraudulent operations also increases. [url=http://www.buysoma1.com]soma”>http://www.buysoma1.com]soma online[/url] , http://www.buysoma1.com People who are in chronic and often debilitating pain shouldn’t have to scramble to pay for effective relief.


  5. Where can I find more information on the topic of this article?


  6. Use the links in the article as a start.  Enjoy!

    – Mike

Comments are closed.