Path: utzoo!utgpu!news-server.csri.toronto.edu!cs.utexas.edu!wuarchive!zaphod.mps.ohio-state.edu!sdd.hp.com!decwrl!hayes.fai.alaska.edu!accuvax.nwu.edu!nucsrl!telecom-request From: annala%neuro.usc.edu@usc.edu (A J Annala) Newsgroups: comp.dcom.telecom Subject: Re: Class Action Suit Against Epson Charges Email Spying Message-ID: <11759@accuvax.nwu.edu> Date: 2 Sep 90 07:15:02 GMT Sender: news@accuvax.nwu.edu Organization: University of Southern California, Los Angeles, CA Lines: 19 Approved: Telecom@eecs.nwu.edu X-Submissions-To: telecom@eecs.nwu.edu X-Administrivia-To: telecom-request@eecs.nwu.edu X-Telecom-Digest: Volume 10, Issue 622, Message 6 of 12 The right of employee privacy in telephone conversations on employer owned equipment was settled a few years ago in a suit brought against one of the major air carriers. My recollection is vague, but I seem to remember an air carrier tried to dismiss a reservations employee for some kind of union organizing activity. The dismissal was based on surrepticious monitoring of an employee telephone conversation. The court ordered the employee reinstated ... with probable damages. Email is a bity more complicated. My gut reaction is that there is a reasonable expectation of privacy on the part of the employee in the absence of any official notice that email will be monitored. I also suspect outside individuals will have some right of action in the event their communications are intercepted. Frankly, I believe all email should be encrypted and not made available in any form to an employer without probable cause to believe a crime is committed. AJ Annala