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The Internet "It Is No Joke"
Introduction
Information systems and technologies have become a vital component of successful businesses and organizations. Companies have spent billions of dollars to stay at the forefront of technology enhancements in order to enhance growth and expansion of their businesses and new ventures. To support these technology changes a company may require the assistance of Specialists in Information Technology Management, Human Resources, purchase of new equipment, installation, training, system maintenance, and the list goes on.
The majority of businesses would be unable to survive successfully in the marketplace without utilizing a variety of interconnected computer networks in order to service their information processing and communication needs. With all these changes, companies have a growing concern regarding security of systems information, abuses both internal and external, lawsuits and losses. But what is the exposure? Are there existing law suits? What should we do to protect our companies and ourselves?
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The Investigation
It is important to understand and protect the systems implemented into our company.
Companies must take precautions to protect sensitive and confidential data from accidental or intentional leaks. They need to know how to limit legal liability and/or damage to the companies' reputation from inappropriate or offensive e-mails and web surfing. Well-written policies and procedures can boost employee productivity and reduce network congestion.
In order to determine what needs to be done, we should understand the exposure companies face relating to Technology Information Systems. For example, EMC Corporation lost valuable sales contact information when an employee accidentally sent it to the competition via e-mail (The Boston Globe); an Oracle insider caused their stock prices to tumble after spreading false rumors on a message board (CNNfn); and Dow Chemical fired 50 employees and disciplined 00 others for sending e-mails containing pornography and violent images (Associated Press). Employees who surf the web are costing organizations more than $1 billion per year in lost work time (CNNfn). The U.S. Department of Justice, Computer Crime and Intellectual Property Section (CCIPS) recognized concerns regarding the Internet and the growing body of law governing it, and have recently published a document advising police and prosecutors on "Searching and Seizing Computer and Obtaining Electronics Evidence in Criminal Investigations." The document includes framework applicable to the search and seizure of computer data and network traffic. In addition, it covers the Fourth Amendment's limitations on search and seizure, the Electronics Communications Privacy Act, the Wiretap Act, the Cable Subscriber Privacy Act, and the Privacy Protection Act. Additional documented lawsuits and cases related to Technology Communications are
· Cracking Concerns Over Cyber Crime Treaty (Galil, 001). The Council of Europe wants a treaty to harmonize laws against hacking, computer viruses, and other Internet crime, as well as to ensure common methods of securing electronic evidence.
· Employers and E-mail Where to Draw the Line (Galil, 001). With the increase in workplace technologies, both employers and employees are wrestling with the balance of e-mail privacy expectations and the need for secure, productive work habits. The new Regulation of Investigatory Powers Act went into effect in Great Britain. This new regulation permits employers to monitor staff phone calls, e-mails and Internet activity without consent, and demonstrates that e-mail issues have become a global technology problem.
· Smyth v. Pillsbury Company (Galil, 001). Smyth v Pillsbury is a case pertaining to e-mail privacy. A United States District Court in Pennsylvania ruled that the Pillsbury Company did not have to notify Mr. Smyth that his e-mails would be examined. The court reasoned that since it was Pillsbury's equipment, the company was entitled to examine its contents.
· New York Times (Gaili, 001). E-mail privacy issues have occurred at many well-known companies and employees are being fired over those little forwards that many of us send out each morning. On November 0, 1, the New York Times Co. fired employees who were accursed of contributing to a hostile work environment because they repeatedly traded unsavory batches of unsolicited personal e-mail messages that contained dirty jokes and nude pictures. The New York Times also reprimanded several more employees who had simply received the offensive e-mail and then deleted it. Those workers were punished for failing to alert management to the offending e-mail messages, a direct violation of company policy.
The Solution
Knowing there are so many varied issues and lawsuits specifically related to the misuse of company electronic communication systems including e-mail, Internet, phones, faxes, etc. intensifies the need for companies to have well-written, thorough policies and procedures. Prior to creating a plan, remember to use the right resources for input. Your Information Specialist certainly has direct knowledge of the areas of your systems that should be addressed. Your Human Resources team can help with their knowledge of policy writing. You may include others throughout your organization that might have knowledge of other systems, software's, and issues relating to your systems. Include the right people other considerations for implementing policies and procedures include
· The protection of sensitive and confidential data.
· A company's reputation can be at risk for inappropriate or offensive e-mails (internally and externally) and employee web surfing.
· To shield the employers from possible sexual harassment suits. As in most communications media, some of the pictures, video, sound and text on the Internet are sexually oriented. If such material is brought into the workplace, it carries with it the potential risk to the employer under federal or state prohibitions against sex discrimination.
There are many organizations, including Attorneys, who specialize in preparing policies and procedures for all sizes of companies. After reviewing several written company policies and recommendations from The Internet Manager-professionals for Internet Policy Management, we found the following elements of a written policy and procedure to be consistent
A written agreement (policy & procedure) should be created to include, but not limited to
· A description of permissible uses
· Specifically set out prohibited uses
· Rules of behavior
· Access privileges
· Privacy
· Archiving and Retention
· Penalties for violation of the policy, including security violators and vandalism of the system.
· Everyone who uses the system should be required to sign the policy, and know that it will be kept on file.
Conclusion
Business use of the Internet has experienced extraordinary growth in the past decade. It is now common-place for employees to have access to the Internet, and as the United States moves ever closer to an information work/service type of economy, even more workers will need this access to do their job effectively.
Employers are encouraged to tell employees that they may be monitored so there is no misunderstanding. Crafting a good, thorough policy in regard to e-mail, Internet use and all company owned properties is very important. At technology companies, where the lines between work and home are blurred, this is especially important. Microsoft, for example, has a policy promoting the reasonable and responsible personal use of corporate e-mail, but it owns any communications between employees.
Although people tend to be very casual about e-mail communications, e-mail messages may more closely resemble memos, rather than phone conversations, and so must be treated with a higher level of care than the average telephone call. Also, striking the delete key does not actually mean the message is deleted. It is still in the computer. Many employees misunderstand the dynamics of the systems they use. A greater understanding of both the technology uses and the policies and procedures, the employee is signing is imperative.
Upon full investigation of all the issues related to Technology Management, employers should take a serious look at the risk and exposure of not having well-written policies and procedures for all their Technology Systems. A company may choose to have one policy that encompasses all aspects of their systems, or may choose to have several policies specific to each area. Use your internal experts Information Specialists, Human Resources, and/or consultants to identify your specific needs. These policies and procedures may protect you from embarrassment, loss of business and goodwill, and lawsuits.
References
Miller, G.(001, January 8). Fired by Big Brother. Los
Angeles Times Magazine, 11-1, 5-6.
Galil, Y. (001, February 5). New Federal Guideline for
Searching and Seizing Computers from servers to PDAs. The Internet Law Journal. Retrieved March 5, 001 from the World Wide Web
http//www.tilj.com/content/litigationheadline005010.htm
Galil, Y. (001, February 5). Cracking Concerns Over Cyber
Crime Treaty. The Internet Law Journal. Retrieved March 5, 001 from the World Wide Web http//www.tilj.com/content/litigationheadline005010.htm.
Galil, Y. (001, February 5). The Napster Transformation.
The Internet Law Journal. Retrieved March 5, 001 from the World Wide Web
http//www.tilj.com/content/litigationheadline005010.htm.
Galil, Y. (001, February 5). Deep Linking Your Way into a
Lawsuit. The Internet Law Journal. Retrieved March 5, 001 from the World Wide Web http//www.tilj.com/content/litigationheadline005010.htm.
Galil, Y. (000, October 11). New International Treaty on
Cyber Crime. The Internet Law Journal. Retrieved March 5, 001 from the World Wide Web http//www.tilj.com/content/litigationheadline005010.htm.
Galil, Y. (000, February 5).Criminal Acts "Illegal
Access, Interception, Data and System Interference". The Internet Law Journal. Retrieved March 5, 001 from the World Wide Web http//www.tilj.com/content/litigationheadline005010.htm.
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