RE: Legal Question.......

2002-01-17 Thread Jim Brady

Could check out ...

E-Policy : How to Develop Computer, E-Policy, and Internet Guidelines to
Protect Your Company and Its Assets
by Michael R. Overly

http://www.amazon.com/exec/obidos/ASIN/0814479960/qid=1011294873/sr=8-1/
ref=sr_8_3_1/103-8981035-4241454 

Maybe he's got new material.

Jim

-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of Ed Crowley
Sent: Wednesday, January 16, 2002 7:17 PM
To: Exchange Discussions
Subject: RE: Legal Question...


I don't think there are many subscribers to this list who are licensed
to
practice law.

Ed Crowley MCSE+I MVP
Tech Consultant
Compaq Computer
There are seldom good technological solutions to behavioral problems.


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of
[EMAIL PROTECTED]
Sent: Tuesday, January 15, 2002 8:41 AM
To: Exchange Discussions
Subject: Legal Question...


All,

I have pretty much been lurking on this list for awhile now.
I really respect the Technical opinions that most have offered,
Not to mention, the biting sarcasm keeps me in fits of laughter.

That Said, I have a client that has asked me a question that I don't
Have the legal expertise to answer, and was curious if

1. Any of you have dealt with a similar experience and
2. Could point me to a specific, reference in writing.

I was recently approached by my client to get access to one of their
employees email. I told them to hold off, I would have to check if I was
legally able to do that for them. The equipment is owned by my client.
There
is Policy in the employee handbook states that Email is for business use
only. My client has reason to believe an employee is sending corporate
information, (vendor lists and pricing) Offsite to someone outside their
company. My client and I both reside in the U.S., in the state of
Maryland.
Does anyone know what the legal ramifications of viewing/reviewing an
employees email are?

_
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RE: Legal Question.......

2002-01-17 Thread Ben Schorr

As was pointed out elsewhere you really need to check with an attorney in
the applicable state (sounds like Maryland in this case).  

Generally speaking I believe the key phrase is expectation of privacy.
Merely saying that the e-mail is for business use only is probably not going
to be sufficient unless it also says that the company reserves the right to
review it at any time.

The company might argue it's our property; enforcement of policy, etc. but
if the court decides that the employee had a reasonable expectation of
privacy the company will probably lose.

The company should clearly state in their employment manual that the e-mail
may be subject to review AND have each employee initial that specific page
(if not that passage) indicating that they have read and understand it.
Ideally, anyhow.

Since you were just curious for opinions and not actually planning to offer
them legal advice...

Speaking of which, here's the disclaimer: I am not an attorney and this is
not legal advice; just my educated opinion. No attorney-client relationship
has been established between anybody and Damon Key by means of this
conversation; it's just a bunch of geeks (or nerds, if you prefer) trading
opinions.

I only work for attorneys, don't hold that against me.

-Ben-
Ben M. Schorr, MVP-Outlook, CNA, MCPx3
Director of Information Services
Damon Key Leong Kupchak Hastert
http://www.hawaiilawyer.com


 -Original Message-
 From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] 
 Sent: Tuesday, January 15, 2002 6:41 AM
 To: Exchange Discussions
 Subject: Legal Question...
 
 
 All, 
 
 I have pretty much been lurking on this list for awhile now.
 I really respect the Technical opinions that most have 
 offered, Not to mention, the biting sarcasm keeps me in fits 
 of laughter.
 
 That Said, I have a client that has asked me a question that 
 I don't Have the legal expertise to answer, and was curious if 
 
 1. Any of you have dealt with a similar experience and 
 2. Could point me to a specific, reference in writing.
 
 I was recently approached by my client to get access to one 
 of their employees email. I told them to hold off, I would 
 have to check if I was legally able to do that for them. The 
 equipment is owned by my client. There is Policy in the 
 employee handbook states that Email is for business use only. 
 My client has reason to believe an employee is sending 
 corporate information, (vendor lists and pricing) Offsite to 
 someone outside their company. My client and I both reside in 
 the U.S., in the state of Maryland. Does anyone know what the 
 legal ramifications of viewing/reviewing an employees email are?  
 
 _
 List posting FAQ:   http://www.swinc.com/resource/exch_faq.htm
 Archives:   http://www.swynk.com/sitesearch/search.asp
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RE: Legal Question.......

2002-01-16 Thread Dupler, Craig

The point Lori makes is important!

First, you need to have a company policy, and make sure that it is well
known.  Also, you need to know what the privacy laws are in every
jurisdiction that applies.  Some of these may run counter to your policy,
and it is the law that will take precedence, obviously.

Most companies start with the premise that the data content of their IS
infrastructure is something that they own and can control.  Of course, this
assertion implies liability for problems that might arise from that content,
which they probably would not like to accept.  You can't have it both ways.

You may recall this case:
http://www.zdnet.com/zdnn/content/zdnn/0507/zdnn0015.html  Wang's mail was
in an ISP's mail service paid for by Borland and use as though it was
Borland's internal system, but was not under Borland's control, let alone
ownership.  So there was no way for Borland to demonstrate that their rights
had been violated, since they didn't own the system involved.  The question
as to whether or not the result would have been different had the mail
system in question been Borland's own internal system remains unanswered, at
least in California, but one suspects that Borland might have prevailed in
that case and that the charges might not have been dropped, but that is
speculation, not fact.

There is one other aspect to keep in mind, your behavior can modify your
written policy.  Let say that you have a policy that flat out states that
the mail system is your company's property and that you have the right to
audit its contents.  Let's further assume that you have the local legal
authority to do make it stick.  Then you bring in a supplier to work on your
premises and provide messaging services to them, and you treat their mail as
confidential and you make sure everyone understands that they have
confidentiality with respect to their mail.  At least for non-employees, you
just voided your policy, and you might have voided it for everyone,
depending on how you presented the change.

Make sure that as you develop your policies and you get legal advice on them
that you tell you lawyers everything.  If you get advice from a lawyer but
did not let them know all of the circumstances, then their advice is not
going to cover your behavior, is it?

-Original Message-
From: Hunter, Lori [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 15, 2002 9:16 AM
To: Exchange Discussions
Subject: RE: Legal Question...


The law varies by location as does company policy.

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 15, 2002 10:41 AM
To: Exchange Discussions
Subject: Legal Question...


All, 

I have pretty much been lurking on this list for awhile now.
I really respect the Technical opinions that most have offered,
Not to mention, the biting sarcasm keeps me in fits of laughter.

That Said, I have a client that has asked me a question that I don't
Have the legal expertise to answer, and was curious if 

1. Any of you have dealt with a similar experience and 
2. Could point me to a specific, reference in writing.

I was recently approached by my client to get access to one of their
employees email. I told them to hold off, I would have to check if I was
legally able to do that for them. The equipment is owned by my client. There
is Policy in the employee handbook states that Email is for business use
only. My client has reason to believe an employee is sending corporate
information, (vendor lists and pricing) Offsite to someone outside their
company. My client and I both reside in the U.S., in the state of Maryland.
Does anyone know what the legal ramifications of viewing/reviewing an
employees email are?  

_
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RE: Legal Question.......

2002-01-16 Thread Ed Crowley

I don't think there are many subscribers to this list who are licensed to
practice law.

Ed Crowley MCSE+I MVP
Tech Consultant
Compaq Computer
There are seldom good technological solutions to behavioral problems.


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of
[EMAIL PROTECTED]
Sent: Tuesday, January 15, 2002 8:41 AM
To: Exchange Discussions
Subject: Legal Question...


All,

I have pretty much been lurking on this list for awhile now.
I really respect the Technical opinions that most have offered,
Not to mention, the biting sarcasm keeps me in fits of laughter.

That Said, I have a client that has asked me a question that I don't
Have the legal expertise to answer, and was curious if

1. Any of you have dealt with a similar experience and
2. Could point me to a specific, reference in writing.

I was recently approached by my client to get access to one of their
employees email. I told them to hold off, I would have to check if I was
legally able to do that for them. The equipment is owned by my client. There
is Policy in the employee handbook states that Email is for business use
only. My client has reason to believe an employee is sending corporate
information, (vendor lists and pricing) Offsite to someone outside their
company. My client and I both reside in the U.S., in the state of Maryland.
Does anyone know what the legal ramifications of viewing/reviewing an
employees email are?

_
List posting FAQ:   http://www.swinc.com/resource/exch_faq.htm
Archives:   http://www.swynk.com/sitesearch/search.asp
To unsubscribe: mailto:[EMAIL PROTECTED]
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RE: Legal Question.......

2002-01-15 Thread Ewins, James

No.  Check with your HR, ask them to check with the companies legal advice.
Don't get involved in the decision.
JDE

 -Original Message-
From:   [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] 
Sent:   Tuesday, January 15, 2002 4:41 PM
To: Exchange Discussions
Subject:Legal Question...

All, 

I have pretty much been lurking on this list for awhile now.
I really respect the Technical opinions that most have offered,
Not to mention, the biting sarcasm keeps me in fits of laughter.

That Said, I have a client that has asked me a question that I don't
Have the legal expertise to answer, and was curious if 

1. Any of you have dealt with a similar experience and 
2. Could point me to a specific, reference in writing.

I was recently approached by my client to get access to one of their
employees email. I told them to hold off, I would have to check if I was
legally able to do that for them. The equipment is owned by my client. There
is Policy in the employee handbook states that Email is for business use
only. My client has reason to believe an employee is sending corporate
information, (vendor lists and pricing) Offsite to someone outside their
company. My client and I both reside in the U.S., in the state of Maryland.
Does anyone know what the legal ramifications of viewing/reviewing an
employees email are?  

_
List posting FAQ:   http://www.swinc.com/resource/exch_faq.htm
Archives:   http://www.swynk.com/sitesearch/search.asp
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RE: Legal Question.......

2002-01-15 Thread Ken . Davis

James, 

I have made that recommendation, I am also curious to where the law lies on
this one.

Ken

-Original Message-
From: Ewins, James [mailto:[EMAIL PROTECTED]] 
Sent: Tuesday, January 15, 2002 11:43 AM
To: Exchange Discussions
Subject: RE: Legal Question...

No.  Check with your HR, ask them to check with the companies legal advice.
Don't get involved in the decision.
JDE

 -Original Message-
From:   [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] 
Sent:   Tuesday, January 15, 2002 4:41 PM
To: Exchange Discussions
Subject:Legal Question...

All, 

I have pretty much been lurking on this list for awhile now.
I really respect the Technical opinions that most have offered,
Not to mention, the biting sarcasm keeps me in fits of laughter.

That Said, I have a client that has asked me a question that I don't
Have the legal expertise to answer, and was curious if 

1. Any of you have dealt with a similar experience and 
2. Could point me to a specific, reference in writing.

I was recently approached by my client to get access to one of their
employees email. I told them to hold off, I would have to check if I was
legally able to do that for them. The equipment is owned by my client. There
is Policy in the employee handbook states that Email is for business use
only. My client has reason to believe an employee is sending corporate
information, (vendor lists and pricing) Offsite to someone outside their
company. My client and I both reside in the U.S., in the state of Maryland.
Does anyone know what the legal ramifications of viewing/reviewing an
employees email are?  

_
List posting FAQ:   http://www.swinc.com/resource/exch_faq.htm
Archives:   http://www.swynk.com/sitesearch/search.asp
To unsubscribe: mailto:[EMAIL PROTECTED]
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RE: Legal Question.......

2002-01-15 Thread Atkinson, Daniel

tell them you can show them how to access mailboxes if they want you to, but
also tell them that there might be legal implications that they should check
with their human resources people or the company lawyers. 

if you're not qualified to offer legal advice, then they should know that,
and shouldn't expect you to.

dan.

 -Original Message-
 From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
 Sent: 15 January 2002 16:41
 To: Exchange Discussions
 Subject: Legal Question...
 
 
 All, 
 
 I have pretty much been lurking on this list for awhile now.
 I really respect the Technical opinions that most have offered,
 Not to mention, the biting sarcasm keeps me in fits of laughter.
 
 That Said, I have a client that has asked me a question that I don't
 Have the legal expertise to answer, and was curious if 
 
 1. Any of you have dealt with a similar experience and 
 2. Could point me to a specific, reference in writing.
 
 I was recently approached by my client to get access to one of their
 employees email. I told them to hold off, I would have to 
 check if I was
 legally able to do that for them. The equipment is owned by 
 my client. There
 is Policy in the employee handbook states that Email is for 
 business use
 only. My client has reason to believe an employee is sending corporate
 information, (vendor lists and pricing) Offsite to someone 
 outside their
 company. My client and I both reside in the U.S., in the 
 state of Maryland.
 Does anyone know what the legal ramifications of viewing/reviewing an
 employees email are?  
 
 _
 List posting FAQ:   http://www.swinc.com/resource/exch_faq.htm
 Archives:   http://www.swynk.com/sitesearch/search.asp
 To unsubscribe: mailto:[EMAIL PROTECTED]
 Exchange List admin:[EMAIL PROTECTED]
 

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RE: Legal Question.......

2002-01-15 Thread Darcy Adams

Your HR or Legal department is the best place to go for that answer.  If the answer 
comes back that it *is* legal, make sure you have a request, in writing, from the 
supervisor of the person you are giving access to before you actually do anything.  
Better yet, make it a request from HR.

Darcy

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 15, 2002 8:44 AM
To: Exchange Discussions
Subject: RE: Legal Question...


James, 

I have made that recommendation, I am also curious to where the law lies on
this one.

Ken

-Original Message-
From: Ewins, James [mailto:[EMAIL PROTECTED]] 
Sent: Tuesday, January 15, 2002 11:43 AM
To: Exchange Discussions
Subject: RE: Legal Question...

No.  Check with your HR, ask them to check with the companies legal advice.
Don't get involved in the decision.
JDE

 -Original Message-
From:   [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] 
Sent:   Tuesday, January 15, 2002 4:41 PM
To: Exchange Discussions
Subject:Legal Question...

All, 

I have pretty much been lurking on this list for awhile now.
I really respect the Technical opinions that most have offered,
Not to mention, the biting sarcasm keeps me in fits of laughter.

That Said, I have a client that has asked me a question that I don't
Have the legal expertise to answer, and was curious if 

1. Any of you have dealt with a similar experience and 
2. Could point me to a specific, reference in writing.

I was recently approached by my client to get access to one of their
employees email. I told them to hold off, I would have to check if I was
legally able to do that for them. The equipment is owned by my client. There
is Policy in the employee handbook states that Email is for business use
only. My client has reason to believe an employee is sending corporate
information, (vendor lists and pricing) Offsite to someone outside their
company. My client and I both reside in the U.S., in the state of Maryland.
Does anyone know what the legal ramifications of viewing/reviewing an
employees email are?  

_
List posting FAQ:   http://www.swinc.com/resource/exch_faq.htm
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RE: Legal Question.......

2002-01-15 Thread Martin Blackstone

It would also be a good idea to have the employee handbook updated with info
stating that mailboxes may be accessed blah blah blahlegaleze

-Original Message-
From: Darcy Adams [mailto:[EMAIL PROTECTED]] 
Sent: Tuesday, January 15, 2002 8:53 AM
To: Exchange Discussions
Subject: RE: Legal Question...


Your HR or Legal department is the best place to go for that answer.  If the
answer comes back that it *is* legal, make sure you have a request, in
writing, from the supervisor of the person you are giving access to before
you actually do anything.  Better yet, make it a request from HR.

Darcy

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 15, 2002 8:44 AM
To: Exchange Discussions
Subject: RE: Legal Question...


James, 

I have made that recommendation, I am also curious to where the law lies on
this one.

Ken

-Original Message-
From: Ewins, James [mailto:[EMAIL PROTECTED]] 
Sent: Tuesday, January 15, 2002 11:43 AM
To: Exchange Discussions
Subject: RE: Legal Question...

No.  Check with your HR, ask them to check with the companies legal advice.
Don't get involved in the decision. JDE

 -Original Message-
From:   [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] 
Sent:   Tuesday, January 15, 2002 4:41 PM
To: Exchange Discussions
Subject:Legal Question...

All, 

I have pretty much been lurking on this list for awhile now.
I really respect the Technical opinions that most have offered, Not to
mention, the biting sarcasm keeps me in fits of laughter.

That Said, I have a client that has asked me a question that I don't Have
the legal expertise to answer, and was curious if 

1. Any of you have dealt with a similar experience and 
2. Could point me to a specific, reference in writing.

I was recently approached by my client to get access to one of their
employees email. I told them to hold off, I would have to check if I was
legally able to do that for them. The equipment is owned by my client. There
is Policy in the employee handbook states that Email is for business use
only. My client has reason to believe an employee is sending corporate
information, (vendor lists and pricing) Offsite to someone outside their
company. My client and I both reside in the U.S., in the state of Maryland.
Does anyone know what the legal ramifications of viewing/reviewing an
employees email are?  

_
List posting FAQ:   http://www.swinc.com/resource/exch_faq.htm
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RE: Legal Question.......

2002-01-15 Thread Hunter, Lori

The law varies by location as does company policy.

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 15, 2002 10:41 AM
To: Exchange Discussions
Subject: Legal Question...


All, 

I have pretty much been lurking on this list for awhile now.
I really respect the Technical opinions that most have offered,
Not to mention, the biting sarcasm keeps me in fits of laughter.

That Said, I have a client that has asked me a question that I don't
Have the legal expertise to answer, and was curious if 

1. Any of you have dealt with a similar experience and 
2. Could point me to a specific, reference in writing.

I was recently approached by my client to get access to one of their
employees email. I told them to hold off, I would have to check if I was
legally able to do that for them. The equipment is owned by my client. There
is Policy in the employee handbook states that Email is for business use
only. My client has reason to believe an employee is sending corporate
information, (vendor lists and pricing) Offsite to someone outside their
company. My client and I both reside in the U.S., in the state of Maryland.
Does anyone know what the legal ramifications of viewing/reviewing an
employees email are?  

_
List posting FAQ:   http://www.swinc.com/resource/exch_faq.htm
Archives:   http://www.swynk.com/sitesearch/search.asp
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Re: Legal Question.......

2002-01-15 Thread Daniel Chenault

IANAL (I Am Not A Lawyer) nor do I play one on TV.

Have the customer put in writing that you, the consultant, are being tasked
with this job and that the company assumes full responsibility for, well,
everything. Reduce it down to where you are only performing a function and
nothing more. It's a big help that they already have a policy in place
stating that the e-mail is their property. Might be worth the office time to
get a ten-minute discussion with your own attorney to be sure you (or your
company) have reduced exposure.

- Original Message -
From: [EMAIL PROTECTED]
To: Exchange Discussions [EMAIL PROTECTED]
Sent: Tuesday, January 15, 2002 10:40 AM
Subject: Legal Question...


 All,

 I have pretty much been lurking on this list for awhile now.
 I really respect the Technical opinions that most have offered,
 Not to mention, the biting sarcasm keeps me in fits of laughter.

 That Said, I have a client that has asked me a question that I don't
 Have the legal expertise to answer, and was curious if

 1. Any of you have dealt with a similar experience and
 2. Could point me to a specific, reference in writing.

 I was recently approached by my client to get access to one of their
 employees email. I told them to hold off, I would have to check if I was
 legally able to do that for them. The equipment is owned by my client.
There
 is Policy in the employee handbook states that Email is for business use
 only. My client has reason to believe an employee is sending corporate
 information, (vendor lists and pricing) Offsite to someone outside their
 company. My client and I both reside in the U.S., in the state of
Maryland.
 Does anyone know what the legal ramifications of viewing/reviewing an
 employees email are?

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