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technical_ethics_in_coorperations (1)

technical_ethics_in_coorperations (1) - 1 Privacy today is...

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1) Privacy today is a very important topic among Americans. Legislation proposed a new law called Notice of Electronic Monitoring Act to protect employees from having their privacy invaded without their knowledge. This law has still yet to be passed but has been revisited multiple times. Without this law employers have the right to access information and documents created in the workplace without any notification. Electronic monitoring of employees computers poses problems to the point where many lawsuits are being filed. In 1990, the lawsuit Shoars vs. Epson America, Inc. , Alana Shoars found that her boss was intercepting e-mails being sent by the employees, after he told her to encourage everyone to use the e-mail system. Her boss assured it was safe and secured with a password. She protested her privacy rights, but still was fired because of her position on the matter. She filed a lawsuit and lost because it was ruled that employees should never have the expectation of privacy. It was made to seem that in the workplace an employee has no right to privacy whether it be in email or something else. Another example is, in Smyth v. Pillsbury Co., Michael, Smyth argued that his privacy was violated after he was discharged from his job. His employers read several e-mails he had exchanged with his supervisor. In the emails, among other offensive references, he threatened to "kill the backstabbing bastards" in sales management. The court ruled that Smyth had "no reasonable expectation of privacy" on his employer's system, despite the fact that Pillsbury had repeatedly assured employees that their e-mail was confidential. In addition, the court held that the company's interest in preventing "inappropriate and unprofessional" conduct outweighed Smyth's privacy rights. This is a key point in the discussion. The privacy that is entitled to Americans, is somewhat lessened in the workplace. The Fourth Amendment that protects United States citizens from unreasonable search and seizure, does not protect workers. The FBI are continuously trying to gain access to email information for security purposes. However this is much more challenging an issue, since in a work environment an employee is paid by an employer, as well as using their systems. This being said, There are much less freedoms under the workplace condition so email information or even any other types of personal information being monitored can been seen as acceptable. The most relevant federal law, the 1986 Electronic Communications Privacy Act, prohibits unauthorized interception of various electronic communications, including e-mail. However, the law exempts service providers from its provisions, which is commonly interpreted to include employers who provide e-mail and internet access. The federal bill that would have required employers at least to notify workers that they were being monitored failed to come to a vote in 1993, 1995 and 2000.
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Court cases tend to go against the employee. Often, court opinions take the point of view that
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