UofP - MBA560 - DQs - Week Three - 06-19-06

UofP - MBA560 - DQs - Week Three - 06-19-06 - Week Three...

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Week Three Objectives Distinguish among preventive, detective, and corrective controls. Recommend a preventative solution that incorporates risk mitigation. DQ 1 Week 3 Should an employee have an expectation of privacy when he/she uses company equipment, such as computers or voice mail? In every personnel manual I have seen (and written), there is specific verbiage that states the employee should have no expectation of privacy with regards to company equipment (e.g., computers), email or voice mail. Furthermore, employees usually do not read their employee handbook (personnel manual) and, therefore, may be unaware of expected privacy. However, this should not be construed that the employee, for lack of knowledge, has a grievance. We are charged with a basic level of due diligence and work ethics, which includes reading about policies that affect us in the workplace. Lastly, many companies have in place an acknowledgement form to be signed by employee and witnessed by a member of management stating they have read and acknowledge the policy (in this case, the use of computer equipment, email and other telephonic equipment). In this acknowledgment, the policy is reiterated regarding “no expectation of privacy.” Bottom line: It has become necessary for companies to add “no expectation of privacy” due to egregious and other nonbusiness activities while using computer equipment, email, and voicemail. Robert (Robb) Sikes 520.245.0662 [email protected]
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DQ2 Week 3 How do you create legally binding agreements over the Internet? From researching several online resources, I discovered that, in several cases, agreements executed over the Internet are binding, under certain conditions. Based on current case law, for “clickwrap” (simply “clicking” on an accept button of an agreement) agreements to be binding, (1) the user must be forced to view the agreement, (2) take some action to agree to it and be prevented from proceeding with use if the user does not agree, and (3) have an option to return or end use of the product and receive a full refund (Internet, 2002). As a binding contract, a user agreement offers a contractual remedy against the user for failing to comply with any provision in the agreement (Reed, 2005). This is in addition to any other legal remedies that may be available, such as copyright law. Also, the agreement can determine the venue for any litigation, which can save future costs if disputes arise. Note: Persons under 18 who agree to contracts can be released from obligations under them. However, Internet sites can mitigate this risk by setting up user agreements as part of a credit card or other process (which ensures that users are over 18). Bottom line: A user agreement can offer legal benefit in lowering risk and ensuring remedies for
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This note was uploaded on 06/12/2011 for the course ETHICS mba taught by Professor Wilkes during the Spring '05 term at University of Phoenix.

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UofP - MBA560 - DQs - Week Three - 06-19-06 - Week Three...

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