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The regulation of internet
The regulation of internet
Is employers liability a tort
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Internet Rules, Laws and Regulations Many of us use the internet on a daily basis and the expectation of using the internet is that our research and information is private. The reasons why we have expectations of privacy are due to the rules, laws and regulations set forth in the past by cases involving the use of the internet. The case of Smyth v. Pillsbury Co., 914 F.Supp 97 is a prime example of internet use at work and the privacy expectations. The Communications Decency Act of 1996 criminalizes sending or displaying offensive messages on the internet less than 18 years of age. The Economic Espionage Act criminalizes the theft of confidential business information. Internet Rules, Laws and Regulations The case of Smyth v. Pillsbury Co., 914 F.Supp 97 (E.D. Pa. 1996) is a prime example of internet use and the privacy expectations we assume while at work. When an employee uses email at work that is a company email account, the expectations by the employer is that this email is used for professional use only and the expectations by the employee is that their emails are private and confidential. In the Smyth v. Pillsbury Co., 914 F.Supp 97 (E.D. Pa. 1996), Michael Smyth got fired for sending an email message threatening to harm fellow employees. “He was terminated for inappropriate and unprofessional comments over defendant’s email system. Courts ruled that Pillsbury had the right to prevent unprofessional and illegal activity out-weighted any privacy interest of its employee in email comments.” (Rustad, 2009, p. 230) At my work, I have often heard from Directors that the email is for company use only, but this is not a rule that is enforced. It always surprises me when coworkers send silly messages or add their work email for their personal use like shopping or receiving coupons. I believe that with the use of smart phones, it is unnecessary to use work emails and there would be less time wasted at work if the emails were monitored more. The Communications Decency Act of 1996 criminalizes sending or displaying offensive messages on the internet under the age of eighteen. Under Agency law, an employer is liable for the torts of its employees and agents if the tort is committed within the scope of their duties. This concept, known as "respondeat superior" or "let the master respond," imposes liability even if the employer is blameless.
Abstract: This paper provides an analysis of the privacy issues associated with governmental Internet surveillance, with a focus on the recently disclosed FBI tool known as Carnivore. It concludes that, while some system of surveillance is necessary, more mechanisms to prevent abuse of privacy must exist.
"Internet Privacy." Congressional Quarterly Researcher 8.41 ( Nov. 6, 1998 ). Busse Library, Cedar Rapids . 6 July 2003 <http://library.cqpress.com/cqresearcher>
Dagar, Anil. “Internet, Economy and Privacy.” Fung Institute for Engineering Leadership. 16 April 2013. Web.
An employer also should restrict an employee’s access to the internet or access to certain web sites, or prohibit the use of personal work computers. As a result, there is no right to claim privacy against your employer for monitoring or restricting your use of the internet. Having an internal regulation could avoid the personal use of a computer in the workplace, the employers are the owners of the computers, and they are also the owners of the data transmitted to and from the computers, regardless of the source. Another reason that justifies the employer's ability to control the use of the computer in the workplace is the security of their internal systems. Computer systems can be vulnerable to viruses and other types of technological problems if employees are downloading information and Internet programs, or other potentially harmful materials. Security can also be a problem in that employees can violate the company's confidentiality rules. By monitoring the use of the personal Internet, employers can prevent employees from being the means of disseminating confidential information about the company to the
...e Court under Title VII of the Civil Rights Act of 1964 in Harris v. Forklift Systems, Inc. (1994), and the employer can be held vicariously liable under the standards of Burlington Industries, Inc. v. Ellerth (1998), so she should prevail in her case against her employer.
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.
Some people believe that viewing things on the internet is okay for people of any age. In my case I believe that people should not have as much freedom as they do when it comes to viewing the things they do on the internet. People should not be able to view things freely and as often as they would like to. Many people would say that people have too much freedom to search whatever they would like on the internet. I also believe this, there are many things that should not be able to be view by young children. Many people are viewing things on the internet that they should not be. There are no written rules against that people should be viewing on the internet. But some people do not care and view the things anyway.
Print Lazar, Wendi S. “Limitations to Workplace Privacy: Electronic Investigations and Monitoring” Computer and Internet Lawyer (2012): SIRS. Web. The Web. The Web.
The issue of privacy is a big concern in the workplace. With the expanding of new technology, many employees are concern about his or, her privacy in the workplace. Employees have the right to go to work knowing that his or, her employer will not invade their privacy. The rights to privacy in the workplace only provide limited protection for workers against monitoring and breach of confidentiality. The National Work Rights Institute states, under the federal law, "the limited protection the Electronic Communication Privacy Act of 1986 provides to employees' has been reduced because the statue has been outdated."
Should it be illegal to publish literature with "indecent" content on the Internet but perfectly legal to publish that same work in print? This question has spawned the debate over Internet censorship, which is currently raging in the United States Congress as well as in other political forums around the world. The question as to whether the Internet should be censored will continue to be debated for many years to come. As with any political topic, the debate over Internet censorship has its extremes. Many proponents of Internet censorship want strict control over this new information medium. Proponents of Internet censorship such as Senator Jim Exon (D-NE), co-author of the Communications Decency Act (CDA), are in favor of putting strict laws into place regulating the Internet in order to protect children: "The Decency Act stands for the premise that it is wrong to provide pornography to children on computers just as it is wrong to do it on a street corner or anywhere else" (Exon). These proponents suggest creating laws for the Internet similar to those now in place for television and radio. Those strongly opposing Internet regulations, such as the Citizens Internet Empowerment Coalition (CIEC), assert that the Internet is not li...
As technology as advanced, so has our society. We are able to accomplish many tasks much easier, faster, and in effective ways. However, if looked at the harmful impact it has had on the society, one can realize that these are severe and really negative. One of the main concerns is privacy rights. Many people want that their information and personal data be kept in secrecy, however with today’s technology, privacy is almost impossible. No matter how hard one tries, information being leaked through technological advancements have become more and more common. With personal information being leaked, one does not know exactly how the information will be used, which validates the statement that privacy rights have been diminishing and should be brought to concern. Many people do not realize that their information is being used by third-parties and to consumer companies. In conclusion, technology has had a significant effect on privacy
The English Law on Vicarious Liability An employer is responsible for damage caused by the torts of his employees acting in the course of employment. This is known as ‘vicarious liability’[1]. Essentially, vicarious liability is where the employer is generally substituted in terms of liability for the employee, the employee also has liability but the resources of the employer such as insurance makes them more financially attractive to the claimant. The mechanism of vicarious liability is arguably the best compromise between the needs of tort victims and the freedom of businesses as the employer usually has insurance to cover the tort of the employee, making it more financially viable to the employer than directly compensating the claimant.
The internet has been one of the most influential technological advancements of the twenty-first century. It is in millions of homes, schools, and workplaces. The internet offers not only a way of communicating with people around the world, but also a link to information, shopping, chatting, searching, and maps. This freedom to be anyone and to "go" anywhere right from the comfort of home has become a cherished item. However, there is always a down side to every up. Because of the freedom to post anything and access anything on the internet, the issue of regulation has arisen; for example, what should and should not be allowed on the internet? Who has the right to regulate this space that we cherish for its freedom?
One of the most recent examples of ethics and technology conflicts in the United States are privacy issues and how we cite, distribute and publish intellectual property on the internet. For instance, many corporations and people take advantage of the open access of the internet and the lack of legislation governing the right to post and upload information to the internet. Today, nearly every household in the United States has a computer with int...
As can be seen, from the information presented, the need for laws and restrictions concerning internet data collection is greatly needed. Moreover, the government can search private citizens data without warrant or cause. Also, companies are not only collecting internet user data but also selling it. The companies and agencies who commit such crimes should be fined or either closed down. In closing, the privacy and security of individuals on the internet should be upheld by the United States government.