1. How does Judge Weiner explain why Michael Smyth lost any “reasonable expectation of privacy” in his e-mail comments? List as many reasons as you can find and then try to rank them. Which seems most important to the final ruling here?
-Plaintiff communicated the alleged unprofessional comments to a second person over an e-mail system which was apparently utilized by the entire company, any reasonable expectation of privacy was lost.
-The defendant did not require plaintiff as in the case of a urinalysis or personal property search, to disclose any personal information about him.
-Plaintiff voluntarily communicated the alleged unprofessional comments over the company e-mail system. We find no privacy interests in such communications.
-Even if he found that an employee had a reasonable expectation of privacy in the contents of his e-mail system, he do not find that a reasonable person would consider the defendant’s interception of there communications to be a substantial and highly offensive invasion of his privacy.
-Defendant's actions did not tortuously invade the plaintiff's privacy and therefore, did not violate public policy.
-The most important to the final ruling here is they find that the defendant's actions did not tortuously invade the plaintiff's privacy and therefore, did not violate public policy.
2. Is there any difference between a password-protected message sent on company e-mail and a memo, sealed in an envelope marked “private,” sent through company mail? Consider the judge’s reasons for his ruling that you articulated above. Would they also apply to the memo?
-Yes, there is a difference between a password-protected email and a memo sealed in an envelope sent through company mail. The difference is that a password-protected message sent on company e-mail is digital, and the email account is made available to you because of your company while a memo sealed in an envelope sent through company mail, a company cannot monitor what you write and send to other people. The only possible ways for the company to monitor what you write would be to read what you wrote before it is sent out, after it is received, or while it is being sent.
3. How ethical were the actions of Smyth? Of Pillsbury? What appears to be the ethical framework underlying the judge’s ruling?
-The action of Pillsbury Company was ethical because the defendant did not require plaintiff as in the case of a urinalysis or personal property search to disclose any personal information about himself. While plaintiff voluntarily communicated the alleged unprofessional comments over the company e-mail system. They find no privacy interests in such communications.
4. Corporate culture varies, and with it, corporate surveillance policies. Some companies give notice to employees that their e-mail communications are not private. Kmart’s policy, for example, introduced at every employee orientation, states that “misuse of the e-mail system could result in denial of access to the Kmart computing environment or dismissal”. Apple Computer, on the other hand, has an explicit policy of not monitoring employee e-mail. What might be the advantages and disadvantages of such policies from an employer’s viewpoint? An employee’s?
-The advantages from an employer's viewpoint would consist of reasons like being able to know what is going on with your company's employees. It is important for a company to know what the employees are doing in the workplace because employers need to make sure the workers are not doing anything that goes against the company's rules. It also helps to know that workers the are being as productive as possible and not using their labor hours as some kind of personal free time. The disadvantages from the employer's viewpoint would be aggravated workers because they would feel less trusted. A worker that knows that they are being monitored would be very unhappy with the employer, and might become less productive because of it. The disadvantages from the employees viewpoint also have to do with trust. Employees that know that they are being monitored will most likely feel betrayed, and since they were hired because they could be trusted in the workplace, they feel like being monitored goes against the trust that they were hired with.
5. Suppose you were responsible for developing a surveillance policy where you worked. How would you go about setting its parameters? How would you implement it?
-Every company should have a clearly stated surveillance policy that lets employees know where and how they will be observed so that policy should be well known and employees need to be regularly reminded of its reach. Lawsuits have reinforced the need for organizations to develop and publicize their video surveillance programs. Hidden cameras can create legal liability and angry employees so before installing a surveillance system, then you might consult first a local employment to help draft a policy and set parameters for using a system.
6. Judge Weiner points out that Smyth’s e-mail messages were “voluntarily” placed on the Pillsbury system and that Pillsbury never forced the kind of disclosure that goes along with urine testing for drugs, for example. In a sense, the judge is saying that Smyth consented to the monitoring. Do you agree?
-Yes, I agree!
7. Hi-tech surveillance is not solely directed by employers at workers. American businesses have always been interested in capturing confidential information and trade secrets from competitors. Today, thanks to computer technology, they are able to spy on one another with more sophisticated means than ever before. What are some of the latest developments in this area? How far can a company go in this direction without crossing the line? Visit the Website of the Society of Competitive Intelligence Professionals.
-The latest development in this area are the surveillance cameras, video etc. By this, they are able to spy on one another with more sophisticated means than ever before.
8. Should educational institutions be free to randomly monitor student and faculty e-mail? What is your school’s policy on e-mail privacy? Once you have found it, review it and discuss with others. Are there elements of the policy that you would change, in light of what you have read? Rewrite it.
-No, because it’s their privacy. But if the educational institutions have the permission so why not, they may free to randomly monitor student and faculty e-mail.
