You’ve just finished your email, electronic communications, social media and/or BYOD policies for employees assuming, among other things, that you did not have to permit employees to use company-provided communication systems for nonwork-related purposes, such as to fulfill certain union-related purposes or other “protected concerted activities” under for Section 7 of the National Labor Relations
Interception Does Not Include Access to E-Mail Account
The United States District Court for the Middle District of Alabama recently held in Bruce v. McDonald that the “mere access” of an e-mail account and subsequent printing/possession of e-mails from the same account did not constitute an “interception” in violation of the federal Wiretap Act.
Under the Wiretap Act, as amended by the
New Jersey Settles Alleged COPPA Violation
In a recent consent order, the New Jersey Division of Consumer Affairs settled an investigation involving Dokogeo, Inc., a California based mobile application developer.
Under the Children’s Online Privacy Protection Act (“COPPA”) websites and online services which collect information from children younger than 13 are subject to certain parental notice and consent requirements.
South Carolina Supreme Court Addresses When Email is Backed-Up Under the Stored Communications Act
Are emails saved in one’s Yahoo! account stored for backup protection under the Stored Communications Act?
Continue Reading South Carolina Supreme Court Addresses When Email is Backed-Up Under the Stored Communications Act
Keyloggers Beware–Companies Risk Being Sued By Employees
A U.S. District Court in Indiana has ruled that a company’s use of keylogger software to access an employee’s personal e-mail account may have violated the Stored Communications Act (“SCA”).
Keylogging or keystroke logging is the tracking of the keys struck on a keyboard, typically in a covert manner.
In Rene v. G.F. Fishers, Inc.…
Business Owner Enjoined from Accessing Co-Owner’s Email
A Minnesota Court of Appeals panel has affirmed the issuance of a temporary injunction against a co-owner of an LLC blocking him from accessing emails of his partner from the company’s server in the midst of their business dispute. The unpublished decision, Gates v. Wheeler A09-2355 (Minn. App. November 23, 2010), raises some interesting issues…
Keylogging–Jurisdictions at Odds Over Privacy Concerns
Keystroke logging (or “keylogging”) is the noting (or logging) of the keys struck on a computer keyboard. Typically, this is done secretly, so the keyboard user is unaware his activities are being monitored.
Several cases throughout the country have examined an employer’s use of keylogging. Recently, the Criminal Court of the City of New York held …