By: Andrew Dahlinger, Ben Wenker, and Travis Weisenborn

Web WatcherSpector ProSpy AgentPc Pandora

Key Stroke Monitoring Time Stamped Internet Connection HTTP, FTP, SMTP, POP3, TCP/UDP, IP, & Messaging. Application Monitoring

Remote Surveillance More restrictive Forwarding Interception of Messages SMTP, POP3 Filter/Block Content Remote freeze/lock up

Based on an American Management Association survey 75% of companies monitor website surfing. 50 % retain and review s 30% track keystrokes 80% of employers disclose their monitoring policies to their employees.

In 1990 an employee (Lori Eaton) of Nissan was conducting a training session demonstrating the use of their system. Lori Eaton randomly selected an to show how it worked, and the that was viewed was of an employee named Burke. This contained personal, sexual nature dialogue and not business related. Eaton Reported the Incident to her supervisor who then with managements authorization reviewed the messages for the entire workgroup. Nissan found a substantial amount of s that contained many sexual messages between Bourke and Hall.

Nissan issued warnings for use of it’s computer systems for personal use. Bourke was eventually fired and sued Nissan Corporation on the following grounds: – Common Law Invasion of Privacy – Violation of Constitutional Right to Privacy – Violation of Criminal wiretapping and eavesdropping statutes – Wrongful Discharge in violation of public policy

The court ruled in favor of Nissan Motor Corporation based on two grounds: – Based on the undisputed facts, plaintiffs had no reasonable expectations to privacy in their messages being sent on the company’s network and computers. – Plaintiffs failed to submit a separate statement meeting the requirements of Code of Civil Procedure section 437c.

Coverage for both public and private sector employees. That employees should have notice of data collection processes. That data should be collected and used lawfully and fairly. That employers should collect the minimum necessary data required for employment. That data should only be collected from the employee, absent consent. That data should only be used for reasons directly relevant to employment, and only for the purposes for which the data were originally collected. That data should be held securely. That workers should have access to data. That data should not be transferred to third parties absent consent or to comply with a legal requirement. That workers cannot waive their privacy rights. That medical data is confidential. That certain data, such as sex life and political and religious beliefs, should not be collected. That certain collection techniques, such as polygraph testing, should be prohibited.

High stress levels Low employee morale Depression Other nervous disorders Loss of trust Low productivity More sick days Low self respect -These problems lead to loss of revenue and efficiency in the workplace

Economic Loss Employees being denied the right to conduct a few personal matters at work often leave early to take care of them Managers and supervisors that spend more time monitoring employees are cutting back on their own efficiency and productivity Less time working means less revenue

"Employees are autonomous moral agents. Among other things, that means they have independent moral status defined by some set of rights, not the least of which is the right NOT to be used by others only as a means to increase overall welfare or profits. If a boss were to monitor every conversation or move, most of us would think of such an environment as more like a prison than a humane workplace.” SCU professor of philosophy Michael J. Meyer on privacy

Professor William Parent- points for determining whether an invasion of privacy is justifiable 1. For what purpose is the undocumented personal knowledge sought? 2. Is this purpose a legitimate and important one? 3. Is the knowledge sought through invasion of privacy relevant to its justifying purpose? 4. Is invasion of privacy the only or the least offensive means of obtaining the knowledge? 5. What restrictions or procedural restraints have been placed on the privacy-invading techniques? 6. How will the personal knowledge be protected once it has been acquired?

News report: Workplace Privacy