Re: [MLUG - DISCUSSION] Employee Privacy, Employer Policy

[Stephen Montgomery-Smith <EMAIL:PROTECTED>]

Jerry Gamblin wrote:
> This article looks at two recent court cases where a government
> employee's reasonable expectation of privacy was more important than
> the employer's ability to read any employee's e-mail - despite a
> privacy policy that clearly stated any company e-mail can, and will,
> be monitored.
>
> http://www.securityfocus.com/print/columnists/421
>
> So what does this do to most acceptable use policies? Does it make
> them useless if even a military AUP won't stand up in a military
> court?

I quickly looked at the military case.  While I completely agree with 
you that this is a bad decision, I can understand the legal quagmire 
that they were in.  The computers were searched by the military police, 
and there is a sense in which they are not acting as the employer, but 
as the police force.  As such, they are held to a higher standard 
whereby they have to get search warrants, etc, etc.  I have heard it 
said that difficult legal cases lead to bad law.  Of course I am not a 
lawyer, but I am guessing that this is one of those situations.

But overall, I do see the point you are trying to make.

Stephen

--

Stephen Montgomery-Smith
EMAIL:PROTECTED
http://www.math.missouri.edu/~stephen

_______________________________________________
discussion mailing list
EMAIL:PROTECTED
http://mlug.missouri.edu/mailman/listinfo/discussion