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The Broader Picture

Gain insights into employee workplace monitoring laws and practices, including trends, legal basis, and policy considerations for optimal cybersecurity and employee privacy protection.

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The Broader Picture

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  1. The Broader Picture • Laws Governing Hacking and Other Computer Crimes • Consumer Privacy • Employee Workplace Monitoring • Government Surveillance • Cyberwar and Cyberterror • Hardening the Internet Against Attack

  2. Figure 12-3: Employee Workplace Monitoring • Monitoring Trends • American Management Association survey • E-mail monitoring use from 15% to 46% between 1997 and 2001 • Internet connections in 2001: 63% monitored • In 2001, 76% had disciplined an employee; 31% had terminated an employee

  3. Figure 12-3: Employee Workplace Monitoring • Why Monitor? • Loss of productivity because of personal Internet and e-mail use • Significant personal Internet and e-mail use is occurring • Employees and companies generally agree that a small amount of personal use is acceptable • Biggest concern is abnormally heavy personal use • Some employees are addicted to personal use

  4. Figure 12-3: Employee Workplace Monitoring • Why Monitor? • Harassment • Title VII of the Civil Rights Act of 1964: sexual and racial harassment • Pornography, other adult content are fairly common • Monitoring for keywords can reduce pornography and harassment and provide a legal defense

  5. Figure 12-3: Employee Workplace Monitoring • Why Monitor? • Viruses and other malware due to unauthorized software • Trade secrets: Both sending and receiving must be stopped • Commercially damaging communication behavior: Can harm reputation, generate lawsuits, and run afoul of stock manipulation laws

  6. Figure 12-3: Employee Workplace Monitoring • The Legal Basis for Monitoring • Electronic Privacy Communications Act of 1986 • Allows reading of communications by service provider (firm) • Allows reading if subject agrees (make condition of employment) • Employee has no right to privacy when using corporate computers

  7. Figure 12-3: Employee Workplace Monitoring • The Legal Basis for Monitoring • In United States, at-will employees can be disciplined, dismissed easily • Must not discriminate by selective monitoring • Unions often limit disciplining, agreement to be monitored • In multinational firms, stronger privacy and employment rules might exist

  8. Figure 12-3: Employee Workplace Monitoring • Should a Firm Monitor? • Danger of backlash • Are the negative consequences worth the gain?

  9. Figure 12-3: Employee Workplace Monitoring • Computer and Internet Use Policy Should Specify the Following • No expectation of privacy • Business use only • No unauthorized software • No pornography and harassment • Damaging communication behavior • Punishment for violating the policy • Employee Training in Policy is Crucial

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