Download or read book Toward a Cohesive Interpretation of the Electronic Communications Privacy Act for the Electronic Monitoring of Employees written by Ariana R. Levinson and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Levinson proposes a cohesive interpretation of the Electronic Communications Privacy Act (ECPA) designed to protect employees' fundamental right to privacy in their electronic communications. The difficulty of new technology outpacing the law's ability to protect employees' privacy from electronic monitoring by employers is widely acknowledged. Yet, scholars have generally overlooked or dismissed the potential of the ECPA to provide privacy protection for employees in the electronic workplace, calling instead for reform through the legislative process. Nevertheless, despite increasing calls from a broad range of entities for stronger privacy protections, passage of new legislation designed to adequately protect employees is, at best, not close at hand, and, at worst, unlikely. On the other hand, several recent cases suggest that the courts are beginning to interpret the ECPA in ways that accommodate the changes in technology. Indeed, despite the admittedly limited scope of its coverage, the ECPA can and should be interpreted to provide employees some significant level of protection for their electronic communications. This article describes the details of how this can be done.
Download or read book Rutgers Computer Technology Law Journal Volume 41 Number 1 2015 written by Rutgers Computer & Technology Law Journal and published by Quid Pro Books. This book was released on 2015-02-17 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rutgers Computer & Technology Law Journal offers its issues in convenient and modern ebook formats for e-reader devices, apps, pads, smartphones, and computers. This first issue of Volume 41, 2015, features new articles and student contributions on cutting-edge topics related to: teleradiology, jurisdiction, and malpractice; teaching 'next gen' research methods such as Ravel and Casetext to law students; regulating 3D-printing as firearms creators; employment, privacy, and social media; and privacy issues of cell phone tracking. In the new ebook edition, quality presentation includes active TOC, linked notes, active URLs in notes, proper digital and Bluebook formatting, and inclusion of images and tables from the original print edition. Founded in 1969, the Journal is the oldest computer law periodical in the academic world. Since its inception, the Journal has maintained a tradition of excellence, and has designed each publication issue to foster critical discourse on the technological breakthroughs impacting the legal landscape.
Download or read book Employment Law written by Timothy P. Glynn and published by Aspen Publishing. This book was released on 2019-02-01 with total page 1456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Employment Law: Private Ordering and Its Limitations, Fourth Edition is organized around the rights and duties that flow between parties in an employment relationship. Through cases, detailed discussion of the facts, and accessible notes and questions, this book examines the laws that are intended to balance the competing interests and contractual obligations between employer and employee. The note materials also encourage students to think critically and creatively about how best to protect the interests of workers or employers. Practitioner exercises in planning, drafting, advising, and negotiating develop transactional lawyering skills. New to the Fourth Edition: Important Supreme Court and lower court cases in key areas including the scope of “employment,” whistleblower and anti-retaliation protections, anti-discrimination laws, disability and other accommodations, noncompetition agreements, and mandatory arbitration clauses Addition of cases and note materials on hot topics including employment protections in the gig economy, workplace speech protections in a time of deep social and political conflict, the workplace implications of AI and other technologies, emergent privacy and cyber security issues, and innovations in accommodating workers’ lives Updated problems and exercises Streamlined case and note editing Professors and students will benefit from: Comprehensive and deep coverage of key areas of workplace regulation Practical exercises in each chapter Note materials designed to provide both context and knowledge of emergent legal and social science scholarship Thematic consistency across chapters providing a unifying framework for the discussion of disparate topic areas
Download or read book West Virginia Law Review written by and published by . This book was released on 2011 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rutgers Computer Technology Law Journal written by and published by . This book was released on 2013 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Electronic Communications Privacy Act of 2000 Digital Privacy Act of 2000 and Notice of Electronic Monitoring Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2000 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Electronic Communications Privacy Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice and published by . This book was released on 1986 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Information Technology and Workers Privacy written by Matthew Finkin and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are almost no legal limits on an American employer's ability to deploy technical means to monitor employee performance and behavior in the workplace. The common law of wrongful invasion of privacy has almost no purchase in the work setting. Consequently, substantive legal constraints, such as they may be, must be found in discrete pieces of legislation, federal or state. These, too, for the most part are lacking: The federal Electronic Communications Privacy Act (ECPC), for example, exempts electronic monitoring done with the consent of the employee or in the "ordinary course" of the employer's business; and retrieval of communications stored in the employee's own system is specifically allowed. Only two states require written notice of computerized monitoring. One protective approach, recognizing that an employer's need to monitor and the forms which it might take vary enormously from workplace to workplace and job to job, would require prior consultation with (and, possibly, approval of) an independent body representing the affected employees. But, absent union representation, no such provision appears in the law of the United States; and, union representation is below ten percent of the civilian workforce.
Download or read book Privacy an Overview of the Electronic Communications Privacy Act written by Charles Doyle and published by Createspace Independent Pub. This book was released on 2012-11-21 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA. It is a federal crime to wiretap or to use a machine to capture the communications of others without court approval, unless one of the parties has given his prior consent. It is likewise a federal crime to use or disclose any information acquired by illegal wiretapping or electronic eavesdropping. Violations can result in imprisonment for not more than five years; fines up to $250,000 (up to $500,000 for organizations); civil liability for damages, attorneys' fees and possibly punitive damages; disciplinary action against any attorneys involved; and suppression of any derivative evidence. Congress has created separate, but comparable, protective schemes for electronic communications (e.g., email) and against the surreptitious use of telephone call monitoring practices such as pen registers and trap and trace devices. Each of these protective schemes comes with a procedural mechanism to afford limited law enforcement access to private communications and communications records under conditions consistent with the dictates of the Fourth Amendment. The government has been given narrowly confined authority to engage in electronic surveillance, conduct physical searches, and install and use pen registers and trap and trace devices for law enforcement purposes under ECPA and for purposes of foreign intelligence gathering under the Foreign Intelligence Surveillance Act.
Download or read book Electronic Communication Privacy written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks and published by . This book was released on 1987 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Privacy written by Gina Marie Stevens and published by Nova Publishers. This book was released on 2002 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an age where electronic communications are changing in front of our eyes, the potential to do harm using mobile phones, satellite telephones and other means of communications rivals the good they do. On the other hand, law enforcement needs up-to-date tools (laws) to cope with the advances, the population must be protected from undue intrusions on their privacy. This book presents an overview of federal law governing wiretapping and electronic eavesdropping. It includes a selective bibliography fully indexed for easy access.
Download or read book Applying the Electronic Communications Privacy Act in the Workplace written by Robert Sprague and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the legal boundaries of an employee's privacy in this interconnected, electronic-communication age, one in which thoughts and ideas that would have been spoken personally and privately in ages past are now instantly sent to friends and family via computer? This paper analyzes employee privacy rights in light of modern work-related monitoring and surveillance technologies and practices and the possible application of the Electronic Communications Privacy Act (ECPA) to those monitoring practices. The analysis in this paper demonstrates that employees have minimal work-related privacy rights. While the ECPA may provide some privacy protections for employees, due to rapid changes in technology, the extent of privacy protections are unclear and in flux. Until the ECPA can be modernized to take into account twenty-first century technologies, there will be no clear boundaries for employee privacy.
Download or read book Privacy in the Workplace written by and published by Pike & Fischer - A BNA Company. This book was released on with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Privacy An Overview of Federal Statutes Governing Wiretapping and Electronic Eavesdropping written by Gina Marie Stevens and published by Lulu.com. This book was released on 2011-04-15 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an outline of two federal statutes: the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). Both have evolved out of the shadow of the Supreme Court's Fourth Amendment jurisprudence. The courts play an essential role in both. Congress crafted both to preserve the ability of government officials to secure information critical to the nation's well-being and to ensure individual privacy. It modeled parts of FISA after features in ECPA. There are differences, however. ECPA protects individual privacy from the intrusions of the activities of foreign powers and their agents, whether those activities are criminal or not. ECPA's only concern is crime.
Download or read book Privacy written by Gina Marie Stevens and published by DIANE Publishing. This book was released on 2010-11 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: An overview of fed. law governing wiretapping and electronic eavesdropping. It also appends citations to state law in the area and contains a biblio. of legal commentary as well as the text of the Electronic Commun. Privacy Act (ECPA) and the Foreign Intell. Surveillance Act. The gov¿t. has been given narrowly confined authority to engage in electronic surveillance, conduct physical searches, install and use pen registers and trap and trace devices for law enforcement purposes under the ECPA and for purposes of foreign intelligence gathering under the Foreign Intelligence Surveillance Act. This report includes a brief summary of the expired Protect America Act, and of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008.
Download or read book The Visible Employee written by Jeffrey M. Stanton and published by Information Today, Inc.. This book was released on 2006 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The misuse of an organization's information systems by employees, whether through error or by intent, can result in leaked and corrupted data, crippled networks, lost productivity, legal problems, and public embarrassment. As organizations turn to technology to monitor employee use of network resources, they are finding themselves at odds with workers who instinctively feel their privacy is being invaded. The Visible Employee reports the results of an extensive four-year research project, covering a range of security solutions for at-risk organizations as well as the perceptions and attitudes of employees toward monitoring and surveillance. The result is a wake-up call for business owners, managers, and IT staff, as well as an eye-opening dose of reality for employees.
Download or read book Privacy Rights in the Workplace written by and published by . This book was released on 1996 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt:
