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Paper on Electronic Communications Privacy Act of 1986 (ECPA
Paper on Electronic Communications Privacy Act of 1986 (ECPA
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In my opinion, employees should not be able to use the internet while at work. The computers and networks are business property and are solely used for business transactions. Thus, employers have a duty and a right to ensure proper usage of any, and all, equipment. If employers decide to, they may choose to monitor the usage of the internet to ensure the property is not abused. According to the Electronic Communications Privacy Act, 18 USC 2510, et. seq., (www.law.cornell.edu/uscode), federal law allows employers to monitor business calls, however, personal calls are an exception. Under the federal law and employer only has the right to monitor a call until they realize that it is a personal call then must cease monitoring. In the case of Watkins v. L.M. Berry & Co., 704 F.2d 577, 583 (11th Cir. 1983), the court dictated that, "...a manager must cease listening in on an employee call once the call turns personal". When businesses first started using the internet, they did not contemplate developing new technology policies and were very liberal as to the usage of the internet. Eventually allowing liberal usage led to abuse of equipment and work time. Today, people check personal emails and facebook messages (among other social networking sites), take care of online banking, shopping, surf the net leisurely, and chat online. Employers have noticed this distraction severely impacted productivity and performance. Studies show, "Currently, as many as 26 million workers in the United States are monitored in their jobs, and this number will increase as computers are used more and more within companies and as the cost of these monitoring systems goes down" (DeTienne, 1993, p. 33). "By the end of the decade, as many as 30 milli...
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... be ethical but illegal. Laws do not always fit the definition of ethics.
Works Cited
Aftab, P. (1996, September 30). Monitoring communication on the internet: Big brother or responsible business? The New York Law Journal. Available Internet: http://www.ljx.com/internet/borther.html.
Alderman, L. (1994, December). Safeguard your secrets from your boss. Money, 31-32.
Cornell university Law School. (2011). Legal Information Institute. Title 18> Part 1> Chapter 119> 2510. Retrieved from http://www.law.cornell.edu/uscode/search/display.html?terms=2510&url=/uscode/html/uscode18/usc_sec_18_00002510----000-.html. Ithaca, NY.
DeTienne, K. B. (1993, September/October). Big brother or friendly coach? The Futurist, 27(5), 33-37.
Jennings, M. (2009). Business ethics: Case studies and selected readings (6th ed.). Mason, OH: South-Western Cengage Learning.
Washington Law Review, Vol. 86, Issue 4 (December 2011), pp. 841-874 Barnum, Jeffrey C. 86 Wash. L. Rev. 841 (2011)
...Streeter 275. Courtesy of the Tarlton Law Library, Jamail Center for Legal Research, The University of Texas at Austin, 2013. Web. 3 February 2014.
There is considerable utilitarian value in extending privacy rights to the Internet. The fear that communication is being monitored by a third party inevitably leads to inefficiency, because individuals feel a need to find loopholes in the surveillance. For instance, if the public does not feel comfortable with communica...
Trevino, L. K., & Nelson, K. A. (2011). Managing business ethics: Straight talk about how to do it right. New York: John Wiley.
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
Trevino, L., & Nelson, K. (2011). Managing business ethics - straight talk about how to
... middle of paper ... ... Gonzaga Law Review 33.3 (1998): 653-668. HeinOnline.com -.
United States of America. U.S. Supreme Court. Legal Information Institute. Cornell University Law School, 1 Apr. 2003. 13 Nov. 2013
Part of the allure of the Internet has always been the anonymity it offers its users. As the Internet has grown however, causing capitalists and governments to enter the picture, the old rules are changing fast. E-commerce firms employ the latest technologies to track minute details on customer behavior. The FBI's Carnivore email-tracking system is being increasingly used to infringe on the privacy of netizens. Corporations now monitor their employees' web and email usage. In addition to these privacy infringements, Internet users are also having their use censored, as governments, corporations, and other institutions block access to certain sites. However, as technology can be used to wage war on personal freedoms, it can also be employed in the fight against censorship and invasion of privacy.
Ferrell, O. C., Fraedrich, J., & Ferrell, L. (2013). Business ethics: Ethical decision making and cases: 2011 custom edition (9th ed.). Mason, OH: South-Western Cengage Learning.
Privacy in the Workplace Introduction Technology has developed in leaps and bounds over the past few decades. The case is that the law always has difficulty keeping pace with new issues and technology and the few laws that are enacted are usually very general and obscure. The main topic of this paper is to address the effect of technology on privacy in the workplace. We have to have an understanding of privacy before trying to protect it. Based on the Gift of Fire, privacy has three pieces: freedom from intrusion, control of information about one's self, and freedom from surveillance.1 People's rights have always been protected by the constitution, such as the Fourth Amendment, which protects people from "unreasonable searches and seizures".
Do we really have our privacy rights in the workplace? In today’s society we are so caught up with our rights that we often forget about work rules. If someone goes into my office or someone reads my email I feel violated and deprived of my rights. But the real question is, are these things my own to do with? In all reality if it is a private organization the person who owns the business is the owner of all offices and computers, so in that case you’re just using his stuff.
Jennings, M. (2009). Business ethics: Case studies and selected readings (6th ed.). Mason, OH: South-Western Cengage Learning.
Treviño, L. K., & Nelson, K. A. (2007). Managing business ethics: Straight talk about how to do it right Fourth ed., Retrieved on July 30, 2010 from www.ecampus.phoenix.edu
However, government agencies, especially in America, continue to lobby for increased surveillance capabilities, particularly as technologies change and move in the direction of social media. Communications surveillance has extended to Internet and digital communications. law enforcement agencies, like the NSA, have required internet providers and telecommunications companies to monitor users’ traffic. Many of these activities are performed under ambiguous legal basis and remain unknown to the general public, although the media’s recent preoccupation with these surveillance and privacy issues is a setting a trending agenda.