Should employers have the right to monitor your e-mail or where you go on the Net?

sanctus

The Padre
Oct 27, 2006
4,558
48
48
Ontario
www.poetrypoem.com
Chirs Piederson--Reader's Digest Canada

Welcome to the age of anywhere, anytime, anybody surveillance. Technologies first conceived by national spy agencies and the military are now being retooled as security products for home and business. Civilian programmers have been creating new breeds of spyware to exploit the inherent vulnerabilities of the digital environment. And as hardware prices drop and software flits effortlessly across the Net, privacy-busting tools are turning up in the 7-Eleven, the office cubicle—and the bedroom.

While it is true that new technologies for surveillance and concealment have naturally found fans among criminals, creeps and perverts, companies are also spying—on their workers and their customers. The American Management Association says two out of every three major U.S. companies monitor employees on-line. And governments in several countries have given themselves new rights to snoop on their citizens. Even as fearless a fellow as former RCMP commissioner Norman Inkster, who now runs KPMG Investigation and Security Inc., admits, “There’s a point where one needs to be concerned Big Brother is watching.”

Unlike the malignant state agency of George Orwell’s fiction, though, the new millennium has democratized surveillance. Anyone can spy. That is particularly evident in the plummeting price and widening availability of covert audio- and video-surveillance devices. A video camera about the size of a pack of matches retailed for $800 a decade ago but today costs less than $150. Sound recorders connected to microphones hidden in pens go for under $200. Drop in at Spy-Central, in Vancouver—or any store like it in any Canadian city—and you might stroll out with a charming art-deco mantel clock. Concealed behind the face is a video camera. Cost: about $300.

Other new technologies are extending the capabilities of those ubiquitous video security monitors. By one estimate, they record the image of every urban Canadian up to 15 times a day. Biometric software can then be used to match the images to vast police databases of photo IDs. Indeed, many casinos deploy similar software to identify and keep out known cheats. At last January’s Super Bowl in Tampa, Fla., authorities scanned the faces of 100,000 people entering the stadium, identifying 19 possible matches to individuals with criminal records.

Your cellular phone can also be used to track you down. Several companies are racing to perfect location technology. When a person places a call, carriers record which cell, or transmitter area, the call is coming from. The telephone number of the caller, the number called and the length of the call are logged for billing. With a court order, all of these data can provide a record of someone’s movements. Even now, the exact location of a wireless call can be pinpointed to within three metres using a built-in Global Positioning System, or within 30 to 60 metres using triangulation on the cell network. Fleet companies in Calgary recently tested Cell-Loc equipment to track their staff during business hours.
While criminals hide their own identity on-line, they can also steal yours—or at least enough personal information to masquerade as you. Data banks containing credit-card information are high on hacker target lists—and are routinely breached. Last January police heard from three Halifax computer companies that someone was using credit-card accounts to make unauthorized purchases. The card numbers, it turned out, had been stolen from databases in the United States and Britain—by hackers in eastern Europe.

Not everyone sneaking around on-line is a bad guy, however. The same anonymity that empowers predators on the Net can be put to use by their pursuers. Police in every major country have pressed for new powers to intercept what travels over the Internet. In 1999 Australia gave its authorities the right to hack into suspects’ computers. More recently, British and U.S. police won government blessing for their plans to install eavesdropping devices on Internet service providers’ premises. The devices—ominously code-named Carnivore in the American case—act much like telephone taps, allowing police to intercept e-mail messages to and from a specified Internet address. Canada has yet to give its police similar authority, but a report declassified in 2000 by the normally secretive federal Communications Security Establishment (CSE), and obtained by Southam News, argued that e-mail interception “may be required” for the CSE to protect government computer networks against viruses.

Your boss’s right to spy on you is, legally speaking, well-nigh unassailable. “It has always been cause for dismissal if you’re not using company time to do company work,” explains Paul Kent-Snowsell, a Vancouver lawyer who specializes in Internet cases. During the summer of 2000, Dow Chemical Co. fired 61 employees in Texas and Michigan for using their computers to circulate pornography—joining the 27 percent of surveyed U.S. companies that have fired workers for e-mail or Internet abuse.

Norman Inkster, the former Mountie, worries that the reach of surveillance technology is expanding faster than most ordinary citizens know—and that it could soon become more frighteningly all-embracing. To Inkster, controlling the criminals means accepting new means of surveillance, but with checks and balances to protect privacy. “In the past, we could sometimes make a certain assumption of privacy,” Inkster reflects, “because we knew the technology couldn’t be there. Now the technology is there. The question becomes, Will the law ever catch up?”

To retired Toronto businessman Wilson Markle, who has installed software on the PCs of his two children to monitor what they access on-line, there’s no doubt: The race is over and technology has won. “Anybody who doesn’t have a thing to hide has no problem,” he says. “Those who do have something to hide will have a problem. I take comfort in that.”
 

Curiosity

Senate Member
Jul 30, 2005
7,326
138
63
California
Any time anywhere you are under the umbrella of company sponsored health care, accident/medical insurance, travel expense, food and lodging, within company facilities - even the bathroom folks - you are under their liability for conduct. If you leave the premises for an hour lunch within the allotted break time, you are responsible and you go on your right to privacy declaration. But... if you have to travel for the company down the block to pick up tickets or brochures being printed, even if it takes only ten minutes, you are on company time.

Travel to and from work and at home, once you become your prime and sole caregiver if you should be hit by a car, or a falling brick, burn yourself - and you become your own responsiblity, then you have a right to privacy. That is changing but at the present time, any comany who is paranoid (without good cause) to monitor your off-duty personal life, should be shed as quickly as possible. Even if you have nothing to cause concern to you, would you really want to be 'owned' 24/7?

I sure wouldn't. But I'm my own boss so I get to tell myself off any time at home or work.
 

Ariadne

Council Member
Aug 7, 2006
2,432
8
38
Do they have the right to open surface mail addressed to you? Monitor what sites you visit? Yes. Read your mail? No freakin' way!

Wolf

Unless snail mail is marked personal and confidential, couldn't it be assumed that the mail is work related? If it's work related and you are off work for a couple of weeks, should the snail mail be opened and looked after?

If someone is using work equipment (computer) at work during work hours, doesn't it all belong to the company?
 

lone wolf

Grossly Underrated
Nov 25, 2006
32,493
210
63
In the bush near Sudbury
If it's adressed to me, it's mine. I only work for the guy. He doesn't own me. Put lock-outs online and I'm only going to be able to do his work - but what I do on the home PC is my business. Does Walmart tell Zellers?

*NOTE: His = his/hers.... Da-aa-mn I dislike PC!

Wolf
 

Ariadne

Council Member
Aug 7, 2006
2,432
8
38
If I'm away from work, then whoever is filling in for me has to look after all my stuff - including important mail that may be addressed to me. I know it doesn't seem right, but that is what happens.

I think it's safer to separate work from personal stuff ... including snail mail and email.
 

Twila

Nanah Potato
Mar 26, 2003
14,698
73
48
They have the right, but what message is it sending to their employees? My company doesn't. We can spend all day surfing the net if we choose. However, if our work suffers then we lose our job.

I would be unhappy working for a company that did not trust my judgement on these types of matters. I'm a grown up. An adult. I'm raising a responsible human being myself. Do I need to be babysat? No. If the company thinks I do, then I want a new employer.
 

eh1eh

Blah Blah Blah
Aug 31, 2006
10,749
103
48
Under a Lone Palm
It needs to be mentioned that the e-mail you use at work is not yours, it is company property. In theory you should not be using company resources for personal activities. So there for your employer can look at their e-mail anytime. As far as where you go on the web? If you're dogging it then that would be time theft. So the moral, us hotmail at work for personal stuff and learn how to clear the history etc on the browser.;-)
 

Ariadne

Council Member
Aug 7, 2006
2,432
8
38
They have the right, but what message is it sending to their employees? My company doesn't. We can spend all day surfing the net if we choose. However, if our work suffers then we lose our job.

I would be unhappy working for a company that did not trust my judgement on these types of matters. I'm a grown up. An adult. I'm raising a responsible human being myself. Do I need to be babysat? No. If the company thinks I do, then I want a new employer.

It tells employees that some companies search for keywords going through their email. If some keywords are flagged, then the person can be monitored for a while to see what's going on with their mail.

In a way, it's an intrusion, but if I'm not doing anything I shouldn't do, why should I care. It doesn't mean that I'm being held as irresponsible, it means that the company wants to maintain a clean image. I know what the standards are at work and I can choose to abide by them or not, but if I choose not, then I am aware of the consequences.

I've actually had to ask one person not to email me at work ... he was always going on about wild binges and other not so professional stories that should have been sent to my home email.
 

Sal

Hall of Fame Member
Sep 29, 2007
17,135
33
48
The employer should have the right to monitor email if done on company time. What I do after hours is not their business unless it directly conflicts with my job. For example using company supplies for private gain.

I do not think all adults have the ability to monitor nor control their own behaviour.
 

Canucklehead

Moderator
Apr 6, 2005
797
11
18
Companies can and do monitor their employees use of resources. Most companies will have some type of "network use" policy which every employee signs when they are hired. Essentially, whether it is right or wrong means nothing once the signature is on the dotted line. It does seem a bit naive to think that the employer wouuld not have a way to ensure the policy is being adhered to.

There have been many instances throughout my career where a request has been made to capture and report on the activities of an employee where the internet, e-mail, network logon/logoff and access to company files is concerned. To be completely honest here, it's an extremely dirty feeling having to do this but it is the company's resources being used and they do have the right to monitor how and when they are being used.

Having said that, though, unless someone is working for a wannabe Mussolini, an employer will go out of their way to make sure that breaks and lunch hours are 'free game' for e-mailing via Yahoo!, hotmail etc and sites like Facebook are allowed. (porn et al is always going to be off limits in a business environment whether it's break time or not).
 

DavidB

Nominee Member
Apr 24, 2006
96
0
6
www.akiti.ca
Companies have the right to open snail mail and monitor employees' emails and web surfing; however, I find most--good--companies have the good sense not to be too anal about it.

Regarding snail mail, I asked Canada Post about this once because I worked for a small company (fewer than ten people) in which the office manager opened ALL incoming mail, regardless of who it was addressed to. Puzzling, I thought they would be more concerned about people using office supplies and postage for OUTgoing mail. In any case, Canada Post replied that if the address was a place of business, pretty much any company employee could open mail; employees always come and go. However, mail addressed to a private residence and opened by somebody else is illegal.

The same company had their email service set up so that copies of ALL incoming and outgoing emails went to at least two managers. And the managers commented about EVERYTHING: should have made a different comment, made a spelling error, bad grammar, comma in the wrong place, etc. That was going WAY too far. Needless to say, I did not put up with that for long and left the company some time ago.

I wonder if that company ever got it through THEIR head that oppressive invasion of privacy is not going to be tolerated by employees.
 

DurkaDurka

Internet Lawyer
Mar 15, 2006
10,385
129
63
Toronto
There are so many ways around company internet restrictions...

first of all. Use anonymizer or some open proxy to do your browsing, if they decide to browse the logs, they will only see that one site. If you are not restricted by corporate firewalls, you can always add a proxy address directly to internet explorer via internet options. Clearing your browsing sessions won't do squat, most companies archive http logs for months on end.

secondly, If the company you work for restricts what programs you can install or run, preinstall them to a USB stick, plug it in and away you go.