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  3. 【B1】The legal question about whether and to what extent it is appropriate to audit and monitor company computer systems is not y

【B1】The legal question about whether and to what extent it is appropriate to audit and monitor company computer systems is not y

admin2010-01-07  57
问题 【B1】The legal question about whether and to what extent it is appropriate to audit and monitor company computer systems is not yet settled. The cases generally support an analysis of whether the employees had any "expectation of privacy." Most e-mail and voice mail systems assign password and access numbers or PIN numbers, often chosen by the employees, that adds an additional element to the analysis. The courts are split on applying that standard.
   The Omnibus Crime Control and Safe Streets Act of 1968, was amended by the Electronic Communications Privacy Act of 1986. ECPA generally prohibits the interception, accessing, or disclosure of electronic communications. ECPA provides certain protections from access and monitoring of e-mail communications on public systems such as telephone lines, on-line systems and cellular telephone lines.【B2】 ECPA prohibits third parties, the government, police or individuals from accessing or disclosing e-mail without proper authorization  such as obtaining a search warrant or obtaining prior consent by the user or recipient.
   Applicability to private employer circumstances continues to be debated. Statutory protection for communications in the transmission phase and in stored communications is not identical and requires separate analysis. Once stored, employer access is generally unrestricted under ECPA.
       【B2】With corporate systems opening onto the Internet, it can no longer easily be argued that these systems are self-contained. Additionally, plaintiffs can seek relief under the common law and many state privacy statutes.  【B4】 Corporate actions that will withstand the most scrutiny are those limited to monitoring for reasonable business purposes, on prior notice to employees and consistent with employee expectations as to the use of the audited information.
   If no policies or warnings were in place, it is difficult to defend unfettered access to employee e-mail in particular even though a company is accessing its own equipment and systems. Check union and any other labor agreements. Many already address these issues and place parameters around monitoring, notice to employees, and use of audited information.
      【B5】For guidance, we look to prior court rulings in related areas involving monitoring employee telephone  conversation and voice mail, and searches of employee workplace. The best assistance that counsel can give in advising a corporate client to reduce exposure to employee litigation is to set up guidelines and educate employees and management. The Electronic Messaging Association has published some guidelines and a tool kit which are good starting point to help develop appropriate corporate policies.
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答案能经得起仔细审查的公司行为仅限于那些为了合理的商业目的，事先通知雇员以及对所查信息的使用与雇员的期望相一致的行为。
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