According to a recent decision from a federal district court in Illinois, Bose Corp. may monitor and collect information about the music and audio files consumers choose to play through its wireless products and transmit that information to third parties without the consumers’ knowledge. Such action does not violate the federal Wiretap Act or the
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
The District Court of New Jersey recently denied an employer’s motion to dismiss a former employee’s causes of action for invasion of privacy following a supervisor’s alleged unauthorized access to the employee’s Facebook account.
In Ehling v. Monmouth-Ocean Hospital Service Corp., the plaintiff, a registered nurse and paramedic, alleged that the defendants engaged in a …
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.…
The Seventh Circuit Court of Appeals in U.S. v. Szymuszkiewicz recently affirmed the criminal conviction of an employee under the federal Wiretap Act, 18 U.S.C. § 2511, after he auto-forwarded emails from his supervisor’s email account to his own. The Court concluded the use of the auto-forward feature constituted an “interception” in violation of the Act.
Szymuszkiewicz shows the application of traditional criminal statutes like the Wiretap Act to Internet-based modes of communications such as email, but also to voice-over IP phone communications. The case also is an example of the courts’ continuing struggle with applying the Act to modern communications technologies such as email. Szymuszkiewicz is an instructive reminder for employers, however, about the remedies applicable under the Act to employees who misuse an employer’s email system actions, in addition to traditional remedies such as discipline or termination. In light of the length of time in which Szymuszkiewicz forwarded his supervisor’s emails without her knowledge, 3 years, the case also highlights a need for review and audit of employer technology systems and education to employees to monitor their accounts for privacy purposes.