1 The Broader Picture Laws Governing Hacking and Other Computer Crimes Consumer Privacy Employee Workplace Monitoring Government Surveillance Cyberwar and Cyberterror Hardening the Internet Against Attack

2 Figure 12-3: Employee Workplace Monitoring Monitoring Trends  American Management Association survey  monitoring use from 15% to 46% between 1997 and 2001  Internet connections in 2001: 63% monitored  In 2001, 76% had disciplined an employee; 31% had terminated an employee

3 Figure 12-3: Employee Workplace Monitoring Why Monitor?  Loss of productivity because of personal Internet and use Significant personal Internet and use is occurring Employees and companies generally agree that a small amount of personal use is acceptable Biggest concern is abnormally heavy personal use Some employees are addicted to personal use

4 Figure 12-3: Employee Workplace Monitoring Why Monitor?  Harassment Title VII of the Civil Rights Act of 1964: sexual and racial harassment Pornography, other adult content are fairly common Monitoring for keywords can reduce pornography and harassment and provide a legal defense

5 Figure 12-3: Employee Workplace Monitoring Why Monitor?  Viruses and other malware due to unauthorized software  Trade secrets: Both sending and receiving must be stopped  Commercially damaging communication behavior: Can harm reputation, generate lawsuits, and run afoul of stock manipulation laws

6 Figure 12-3: Employee Workplace Monitoring The Legal Basis for Monitoring  Electronic Privacy Communications Act of 1986 Allows reading of communications by service provider (firm) Allows reading if subject agrees (make condition of employment)  Employee has no right to privacy when using corporate computers

7 Figure 12-3: Employee Workplace Monitoring The Legal Basis for Monitoring  In United States, at-will employees can be disciplined, dismissed easily  Must not discriminate by selective monitoring  Unions often limit disciplining, agreement to be monitored  In multinational firms, stronger privacy and employment rules might exist

8 Figure 12-3: Employee Workplace Monitoring Should a Firm Monitor?  Danger of backlash  Are the negative consequences worth the gain?

9 Figure 12-3: Employee Workplace Monitoring Computer and Internet Use Policy Should Specify the Following  No expectation of privacy  Business use only  No unauthorized software  No pornography and harassment  Damaging communication behavior  Punishment for violating the policy Employee Training in Policy is Crucial