1. Workplace Monitoring Store & review email 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

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

3. Workplace monitoring reasons for disciplinary actions Sending sexually-oriented email: 46.3% Downloading, uploading, viewing pornography: 36.3% Connecting to unauthorized, restricted, or non- business related sites: 34.5% Sending harassing, discriminatory or objectionable email: 28% Illegally downloading or duplicating copyrighted software: 14.3% Participating in adults-only chatrooms: 12.6% AMA, 2001

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

5. 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

6. 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

7. 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

8. 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

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