[October 24, 2000]

More to Fear than Carnivore

An impassioned reader urges everyone to work toward safeguarding e-mail privacy, not just Congress.

[Response to the article Armey Aims Attack At Carnivore from Oct. 20th.]

Patricia,

I just read your story about Congressman Armey and Carnivore. Citizens like you and me should not rely on whatever congress does or does not do with respect to Carnivore and e-mail privacy to safeguard us.

In the same way it is foolish to send cash through the mail, even though you can, there are things that e-mail users, particularly corporate e-mail users should not do just out of common sense. Unfortunately, many e-mail users have misconceptions about using e-mail that can compromise their privacy, or in the case of corporate e-mail systems, expose the employer to liability.

Employment Law Learning Technologies drafted a list of six common misconceptions about e-mail use and privacy as well as the realities that go with them. You may find it interesting.

Six Most Common Misconceptions About E-mail
Source: Employment Law Learning Technologies (ELT)

Recent actions taken against employees at Dow Chemical, the New York Times and Merck & Co. illustrate the risk to employees who intentionally or unintentionally misuse corporate e-mail systems and Internet access.

Employers who don't take action face cyber-liability exposure. To help employers create and implement cyber-liability policies, ELT has compiled this list of common misconceptions employees have about using corporate e-mail that put them and their employers at risk.

They are based on cases handled by its content partner, Littler Mendelson, the largest law firm in the United States practicing exclusively in employment and labor law.

Here are the six most common misconceptions about e-mail:

1. E-mails can be deleted. Reality: E-mails rarely disappear. Printed copies get made, laptops store copies for years, and deleted e-mails can easily be restored until they are actually recorded over (which happens less frequently now that massive memories are common).
2. E-mails get "lost" among the millions of e-mails being sent around the Internet. Reality: Sophisticated search tools, as the FBI's Carnivore program illustrates, exist that let their users find almost any e-mail from anyone.
3. E-mails go to the people you address them to. Reality: E-mails are often distributed broadly to people you often don't know because of forwarding.
4. Comments made in e-mail aren't that powerful. Reality: Even if unintended by the sender, certain comments or idle remarks can be perceived as threats or harassment. For example, referring to a coworker as a "dinosaur" can become the basis for an age discrimination lawsuit.
5. Private e-mail messages are private. Reality: When sent over company systems, most employers have retained the right to access employee e-mail. This is vital in protecting the employer's interests since private communications on company provided systems can create legal liability for the employer. Clearly this was a major concern of employers like Dow Chemical and the NYT when they accessed employee Embalm.
6. Your identity is protected through e-mail communications. Reality: It is extremely easy to duplicate someone's identity for the purpose of sending fraudulent e-mail messages. You need to protect your password and turn off your computer at the end of the day.

Regards,
Jerry Rackley