《David Baumer-LEE BURGUNDER》.pptVIP

LEE BURGUNDER LEGAL ASPECTS of MANAGING TECHNOLOGY Third Ed. Intrusions on Privacyand Other Personal Rights Preliminary Look at Privacy Sources of Laws Regulation Privacy. U.S. Constitution. State Constitutions. Common Law. Common Law. Federal and State Statutes. Administrative Agency Rules and Actions. INTRUSIONS ON PRIVACY The Privacy Balance The Privacy Balance Vernonia School District v. Acton. Privacy analysis weighs the reasons for the intrusion with the degree of the intrusion on reasonable expectations of privacy. Reasons for the testing. Procedures to protect privacy. Expectations of privacy under the circumstances. Polygraphs. Genetic Testing. Monitoring Communications and Personal Activities Monitoring for Efficiency. Monitoring Internet activity. Notice to Employees. Computer Use Policy. Web Filtering Technologies. Monitoring E-mail Conversations Electronic Communications Protection Act: Applies to cellular and cordless phones. E-mail on interstate communication systems. Smyth v. Pillsbury ?. Smyth v. Pillsbury Issues: Did Pillsbury violate Smyth’s right to privacy? Was Smyth wrongfully discharged? Decision: Pillsbury did not violate Smyth’s right to privacy. Smyth was not wrongfully discharged Electronic Communications Privacy Act Wiretap Act. Exceptions: (1) Interception is not unlawful if one of the parties consents. (2) Interception is done in the ordinary course of business. Statutory Damages. Fraser v. Nationwide Mutual Ins. Co. Issue: Did Nationwide violate the Wiretap and Stored Communication Act? Decision: No. These laws only cover acts in the course of transmission. Here, Fraser’s emails were already stored. Recommendations Notice that e-mail may be intercepted and read Company policy -- E-mail system only to be used for business purpose Or limit scope of permissible personal uses Written consent for interception Measures to Protect Privacy Anonymity Encryption Public key/ Private key Certificate authorities Export controls Collection