I will have to agree with Sherry here. We all had Sexual harassment training
here at our company, and the two main things that were stressed is that the
company is responsible for what happens over it's equipment, and how
offenses are handled by their employees.
 
If someone is receiving say porno emails on the company email server, and
someone sees it, and reports it, the company is required to take whatever
action they have to to stop the infractions. Once the company has been
notified then if the company does not take action it is most definitely
responsible, as is any company employee who did not directly take some
action to correct the problem. An example would be a manager who just told
the employee "Don't read those emails when she is around". That employee is
now directly responceable, and can be sued along with the company.
 
I would think if you know this is happening, you should at least report it
to someone in you management team, maybe the HR dept head, just so you can
get you butt out of the Laywer target zone.
 
Also I agree with Sherry the one thing our lawyers stressed was that every
employee has to know they are being monitored. IF THEY ARE NOT TOLD THEY
HAVE NO PRIVACY, THEN THEY HAVE AN EXPECTATION OF PRIVACY!
 
   What this means is if the PHB in question fires somebody because of
emails found during his unannounced snooping then it will not hold up in
court.
 
One thing no body has talked about in this discussion is bandwidth. I really
could care less about what our employees do on the system, so long as they
don't screw it up, but when someone here was using our T-1 as his own
private music download source, and everyone else was complaining that the
Internet was slow, and it was, it's was time to crack the whip on that
person. He was eventually fired, and if he did not want to work here, then I
could care less, because at 17 hours a week of web surfing he was worth
employing.
 
One more example would be the chain letters so many lusers are fond of. I
monitored this, and found that on average the pattern of these looks
somewhat like this.
 
Step 1 Single chain letter comes in.
 
Step 2 Original user sends letter to 5 others in house and 13 out of house.
 
Step 3 Secondary in-house people send to 1 to 3 others in house and 5 to 15
people out of house.
 
Step 4 Ten percent of the out of house People who were sent the email send
it back in often to the people who sent it         to them.
 
Step 5 One or two complete lusers see the thing they sent out yesterday come
back from the people they send it to, and go "Duh I haven't seen this
before", and send it around again.
 
I have seen on chain mail circulate for 10 days. Now think about how many
jokes come in, and figure they multiply on the same schedule.  Multiply this
by an easy 5 to 19 emails a week coming in, and that's some number of emails
chewing up your bandwidth. 
 
John Majetic  

-----Original Message-----
From: Abercrombie, Sherry [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, February 26, 2002 12:22 PM
To: MS-Exchange Admin Issues
Subject: RE: Exchange 5.5 Question....



Well I just have to jump in here on this interesting discussion.  I have
just finished researching and writing a report on the legal issues of
monitoring/not monitoring email and web surfing.

What it boils down to is that a company IS legally responsible for what is
contained in their email and the content of what they are surfing on the
internet.  If there are complaints about the content of what a person has on
their computer (either in email or on the internet) that is perceived to be
offensive to someone else and a lawsuit ensues, the company will be liable.
The flip side to that is that a company MUST publish their internet/email
acceptable use/monitoring policy for their employees so there is NO question
about what is ok.  

Very interesting research and information, it is not a waste of company
resources or finances if it prevents a costly lawsuit.

My .02 cents worth! 

Sherry 

-----Original Message----- 
From: Drewski [ mailto:[EMAIL PROTECTED]
<mailto:[EMAIL PROTECTED]> ] 
Sent: Monday, February 25, 2002 3:18 PM 
To: MS-Exchange Admin Issues 
Subject: RE: Exchange 5.5 Question.... 


Depends on your business model.  :P  Certainly, there are instances when a
manager would need to monitor email. 

-- Drew 
******************************** 
Visit http://www.drewncapris.net <http://www.drewncapris.net> !  Go!  Go
there now! 
Only those who risk going too far can possibly find out how far one can go.-
T.S. Eliot 

-----Original Message----- 
From: Cross, Tom [ mailto:[EMAIL PROTECTED]
<mailto:[EMAIL PROTECTED]> ] 
Sent: Monday, February 25, 2002 3:10 PM 
To: MS-Exchange Admin Issues 
Subject: RE: Exchange 5.5 Question.... 


I just get really frustrated with people that want to monitor e-mail.  Throw
a disclaimer out there and some scare tactics, but don't actually dig
around.  No one will want to work in that environment.  And who wants a
bunch of unhappy people working for them because they're afraid to go
against the grain.  There is nothing good to gain from this sort of stuff.

Tom 

-----Original Message----- 
From: Drewski [ mailto:[EMAIL PROTECTED]
<mailto:[EMAIL PROTECTED]> ] 
Sent: Monday, February 25, 2002 3:59 PM 
To: MS-Exchange Admin Issues 
Subject: RE: Exchange 5.5 Question.... 


I don't suggest that alternatives not be offered.  But if it's "do it or
clean out your desk", well, for the past three years, I've been in the
position of covering my ass, and following orders.

-- Drew 
******************************** 
Visit http://www.drewncapris.net <http://www.drewncapris.net> !  Go!  Go
there now! 
Dictators ride to and fro upon tigers which they dare not dismount. And the
tigers are getting hungry. - Winston Churchill

-----Original Message----- 
From: Cross, Tom [ mailto:[EMAIL PROTECTED]
<mailto:[EMAIL PROTECTED]> ] 
Sent: Monday, February 25, 2002 2:45 PM 
To: MS-Exchange Admin Issues 
Subject: RE: Exchange 5.5 Question.... 


  I'm a firm believer that if you can do a good job, be positive, and get
along with others, you'll survive.  Sometimes it takes someone to grow some
balls and jump some links in the chain of command.  Not just to burn
someone, but to sincerely stand up for what you think is right.  There are
far too many yes men/women in the IT field.  If the big boys and girls don't
like your style, you don't belong there.  Life is too short.

Tom 

-----Original Message----- 
From: Drewski [ mailto:[EMAIL PROTECTED]
<mailto:[EMAIL PROTECTED]> ] 
Sent: Monday, February 25, 2002 3:36 PM 
To: MS-Exchange Admin Issues 
Subject: RE: Exchange 5.5 Question.... 


Can't always do that...  Would you have quite your job four weeks ago? 

-- Drew 
******************************** 
Visit http://www.drewncapris.net <http://www.drewncapris.net> ! Go! Go there
now! 
"In Germany, the Nazis came for the Communists, and I didn't speak up
because I wasn't a Communist. Then they came for the Jews, and I didn't
speak up because I wasn't a Jew. Then they came for the trade unionists, and
I didn't speak up because I wasn't a trade unionist. Then they came for the
Catholics, and I didn't speak up because I was a Protestant. Then they came
for me, and by that time there was no one left to speak for me." Martin
Niemoller

-----Original Message----- 
From: Salvador Manzo [ mailto:[EMAIL PROTECTED]
<mailto:[EMAIL PROTECTED]> ] 
Sent: Monday, February 25, 2002 2:27 PM 
To: MS-Exchange Admin Issues 
Subject: RE: Exchange 5.5 Question.... 


If my boss were to insist on requesting that level of monitoring, I'd call
it a Resume Generating Event and be done with it.

-----Original Message----- 
From: Scot Parsons [ mailto:[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> ]

Sent: Monday, February 25, 2002 12:19 
To: MS-Exchange Admin Issues 
Subject: RE: Exchange 5.5 Question.... 


When his boss figures that out, the poor guy's next project will be to
crunch the e-mails in some type of report writer to ease his snooping.


I've been there before. My former boss wanted e-mail, voicemail, yesterdays
panties....you name it. 

-----Original Message----- 
From: William Lefkovics [ mailto:[EMAIL PROTECTED]
<mailto:[EMAIL PROTECTED]> ] 
Sent: Monday, February 25, 2002 1:57 PM 
To: MS-Exchange Admin Issues 
Subject: RE: Exchange 5.5 Question.... 


I can't imagine someone going through the 2200 emails I get per day. 

-----Original Message----- 
From: Martey, Emmanuel E [ mailto:[EMAIL PROTECTED]
<mailto:[EMAIL PROTECTED]> ] 
Sent: Monday, February 25, 2002 10:50 AM 
To: MS-Exchange Admin Issues 
Subject: RE: Exchange 5.5 Question.... 



Is he a spy?. He should be too busy for that. 



-----Original Message----- 
From: [EMAIL PROTECTED] [ mailto:[EMAIL PROTECTED]
<mailto:[EMAIL PROTECTED]>  < mailto:[EMAIL PROTECTED]
<mailto:[EMAIL PROTECTED]> > ] 
Sent: 25/02/2002 17:44 
To: MS-Exchange Admin Issues 
Subject: RE: Exchange 5.5 Question.... 



Why even that?  What about journaling?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 
-K.Borndale 
IT Manager 
Sybari Software 
631.630.8569 -direct dial 
631.439.0689 -fax 
http://www.sybari.com <http://www.sybari.com>  < http://www.sybari.com
<http://www.sybari.com> > 
"One man's ceiling is another man's floor" 

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