Path: utzoo!utgpu!news-server.csri.toronto.edu!rpi!think.com!hsdndev!husc6!hulaw1.harvard.edu!peregrin
From: peregrin@hulaw1.harvard.edu
Newsgroups: comp.admin.policy
Subject: Re: E-mail Privacy
Message-ID: <1991May23.111500.1@hulaw1.harvard.edu>
Date: 23 May 91 15:15:00 GMT
References: <15110@ccncsu.ColoState.EDU>
Sender: news@husc6.harvard.edu
Lines: 50

> All of
> this was summarized in a memo which was E-mailed to the employee.

	As I'm sure everyone agree's this was foolish to begin with.
 
>  Today,
> my boss asked if it would be possible to retrieve this employee's E-mail
> off of backup, find the memo, and print it out in case it was needed as 
> evidence in a possible court case.
> 
> Now for the tough questions.
> 	Is this legal?  

	Ask the institution's lawyers.  Chances are, however, that they have
never thought of these issues before.

> Is this ethical?

	For you?  If I did this, I'd log the session to a printer.  Better yet,
instruct your boss how to do it, and have him/her do it, all while logging to a
printer.  However, your boss may explode on this one.

> If this person still worked
> here, I would immediately refuse.  But since they don't, do they still
> have any rights to their E-mail?  

	This policy should be written somewhere.  Chances are it isn't, so meet
with the lawyers and get this done!
	This policy should be tailored to the prevailing customs of the
institution.  I don't think there is a "correct" answer to this.  Some may say,
the employee owns nothing, some may say everything in his/her account or any
file with his/her ID code is owned by the employee, or that ownership is given
up upon backup, or that the mail file is sacred...

	My short term suggestion is for you to do it, but before hand devise a
way to search for the file with a minimum exposure of its contents to your
eyes.  Then log your session's actions to a printer, and include it with a
printout of the file.  Don't give your boss only an electronic version. 
Perhaps have the boss print it from hir/her account.  But do this all from the
console terminal as it gets logged.

James
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| James Peregrino                        |     JPEREGRINO@HBSSTG.HARVARD.EDU |
| Programmer/Analyst                     |       PEREGRIN@HULAW1.BITNET      | 
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| Harvard Business School                | HBS neither expresses nor implies |
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| Voice:(617)495-6307 FAX:(617)495-0351  | opinions or alleged facts herein. |
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