Computer Monitoring Legality Tips

What Is Electronic Harassment?

Electronic Harassment is when a person uses an electronic device to assist them in gathering your personal information or property for the purpose of illegal use or personal harm. There are many different types of surveillance which can be done through the use of electronic listening devices, video recording or transmitting devices, spectral imaging through heat or infrared, sound or other radiation sources, and any other means of observing a person's actions, possessions or routines.

Not all forms of surveillance use electronic devices and not all forms of surveillance are illegal. For instance, watching someone actions with your own eyes or listening to someone's conversation with your own ears is a form of surveillance however is not illegal in and of itself.

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ECPA - Electronic Communications Privacy Act

The Electronic Communications Privacy Act of 1986 (ECPA) directly prohibits the interception of e-mail transmissions. The ECPA prohibits the interception by:

1. Unauthorized individuals or
2. Individuals working for a government entity, acting without a proper warrant.

Employees often believe that their communications are private because they have a password which they can select and change on their own or because they're communicating through outside common carriers such as web-based email or chat applications. Cases have often turned upon whether this belief was reasonable given the fact that the employer had the ability all along to access the files, though the employees were not aware of this. In determining the outcome, courts will weigh the reasonableness of the employee's expectation of privacy against the business interest of the employer in monitoring the communication. However, it is important to point out that in the final study courts have commonly held that legitimate business interests allow employers to intercept communications.

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Are My Work Emails Private?

In most cases, they are not. There are really no email privacy laws that keep your email from being monitored at a place of employment. If an email system is used within a company, the employer owns it and is allowed to monitor its contents. Email messages that are sent internally to other co-workers as well as those that are sent externally from your the computer that you use to another company or from another company to you can be subject to being monitored by your employer. This includes web-based email accounts such as Yahoo and Hotmail as well as instant messages. If you need to send email that requires privacy, you should wait until your are at home or somewhere you know you are not being monitored.

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Information Privacy Act - Canada

PIPEDA (the Personal Information Protection and Electronic Documents Act) is a Canadian law outlining how private sector organizations collect, use and disclose the personal information of a customer during the course of business.

This law give individuals the right to the following:

1. reasons for the company to request, use and disclose your personal information
2. expect the company to use your information reasonably and appropriately, and for no other reasons other than those you have consented to
3. know who is responsible for keeping your information protected
4. expect proper security measures and tools are being used to keep your information safe
5. request access to your personal information at any time to ensure accuracy
6. the right to complain if you feel your privacy rights have not been respected

1. obtain content from you the customer, when collect, use or disclose your personal information
2. continue to provide a service to you the customer even if you decline giving up your personal information for their records
3. collect information by lawful means
4. have personal information policies that are clear, understandable or readily available

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Spyware Laws

The Internet Spyware Prevention Act of 2004 makes it a crime to intentionally access a computer without the proper authorization or to intentionally proceed to gain further access than what was originally granted. If the unauthorized intrusion is to further another federal crime such as secretly accessing personal data, the penalty is up to five years in prison. Deliberately injuring or defrauding a person or damaging a computer through the unauthorized installation of spyware carry prison terms of up to two years.

Spyware is software that sends information about your Web surfing habits to its Web site. Often quickly installed in your computer in combination with a free download you selected from the Web, spyware transmits information in the background as you move around the Web. Spyware is occasionally installed just by visiting a Web site.

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Is Spyware Illegal?

The less harmful version of spyware comes from companies looking to gather statistical information about consumers so the can begin an "ad campaign". The sure way sign to tell if you have spyware is by pop-ups. Let's say that you are on Ford's website, and you get a pop-up stating that your computer is infected with spyware.

The illegal form of spyware most often comes from "hackers" trying to gather data such as passwords, credit cards, social security numbers and other personal information that will allow them to steal identities and money.

Spyware also attempts to fool you into thinking there are harmful files or software on your computer when there really is not by popping messages up onto your screen when you lease expect it. The only way to remove these files according to the pop-up is to purchase software from their company, which is not an accurate statement. There are plenty of free anti-spyware programs on the Internet developed by reputable companies that will keep your computer clean.

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The Children's Online Privacy Protection Act - COPPA

The Children's Online Privacy Act or COPPA was put together by the Federal Trade Commission FTC and applies to the online collection of personal information from children under the age of 13. The Privacy Act indicates what a website owner/operate must include in a privacy policy and how they must go about gaining verifiable consent from a parent or guardian. It also outlines what responsibilities the website owner/operator has in protecting children's privacy and safety online.

If your children are using websites that collect information personal information, look for the Privacy Policy that should be located on the main page of the website, or of the page requesting the information. Read the policy to get a feel for what kind of information is being gather, how it will be used, and whether it will be given to third parties or not. If you are not comfortable with the policy, contact the company with your questions and concerns.

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