Workplace Monitoring Store & review messages (keyword search): 46.5% Store & review computer files (keyword search): 36.1% Monitor Internet connections: 62.8% Computer use (time logged on, keystroke counts): 18.9% American Management Assoc., 2001 Survey of 1,627 companies

Workplace monitoring most important reasons Legal liability (8.3% of companies have battled sex discrimination claims due to or Internet use) Security concerns Productivity measurement Legal compliance (10% of companies have court orders to produce employee ) Performance review AMA, 2001

Workplace monitoring reasons for disciplinary actions Sending sexually-oriented % Downloading, uploading, viewing pornography: 36.3% Connecting to unauthorized, restricted, or non- business related sites: 34.5% Sending harassing, discriminatory or objectionable 28% Illegally downloading or duplicating copyrighted software: 14.3% Participating in adults-only chatrooms: 12.6% AMA, 2001

Workplace monitoring Invasion of privacy? Employer right to ensure productivity and security? Employer right to limit liability? Is there another way?

Filtering and children Child Online Protection Act – Prohibits transmission of material over the Internet “harmful to minors” if made for commercial purpose – Third Circuit Court found law unconstitutional because “contemporary community standards” made it overbroad – Supreme Court returned case to Third Circuit for fuller consideration, found “community standards” did not in itself make it unconstitutional

Filtering and children Children’s Internet Protection Act (CIPA) – Requires libraries and schools to use filters on Internet computers to retain federal funding & discounts for access Block visual depictions that are obscene, child porn, harmful to minors Filter may be disabled for “bona fide research or other lawful purposes” – Eastern District of PA found it unconstitutional (violation of 1 st Amendment rights) – Appealed by Justice Dept & FCC, to be heard by Supreme Court

Why unconstitutional? Filters overblock and underblock Alternatives exist – Filters offered as a choice for individuals – Education and training – Enforcement of policies by staff – Placement of terminals, use of privacy screens

Why filtering doesn’t work Underblocking: can’t block everything Overblocking: blocks legitimate information in addition to “offensive” Subjective—can’t be customized to meet individual needs Censorship Discrimination? Technology solution to a human problem

What is the effect of censorship/filtering/blocking on information access and use? What are the consequences?