Ethical, Legal and Economic Aspects of Employer Monitoring of Employee Electronic Mail
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This paper examines ethical, legal and economic dimensions of the decision facing employers regarding whether it is appropriate to monitor the electronic mail (e-mail) communications of its employees. We review the question of whether such monitoring is lawful. Recent e-mail monitoring cases are viewed as a progression from cases involving more established technologies (i.e., phone calls, internal memoranda, faxes and voice mail).
The central focus of the paper is on the extent to which employer monitoring of employee e-mail presents a structure of costs and benefits to the employer which are unlikely to make such a practice profitable or practical to the employer. The practice of employer monitoring to detect illicit employee behavior (e.g., fraud, harassment of fellow employees, industrial espionage) is considered.
It is argued that not only does such monitoring behavior fall short of the standard imposed by Kant's categorical imperative for ethical behavior, monitoring also fails to meet Aristotle's ethical standard of practical wisdom. Other ethical aspects of employer monitoring are considered.
- Aiello, J. R.: 1993, ‘Computer-based Monitoring: Electronic Surveillance and Its Effects’ Journal of Applied Social Psychology 23, 499–507.
- Bourke v. Nissan Motor Corporation In U.S.A., BO 68705 (Cal. Ct. App.) 1993.
- Chalykoff, J. and T. A. Kochan: 1989, ‘Computer-Aided Monitoring: Its Influence on Employee Satisfaction and Turnover’ Personnel Psychology 40, 807–834.
- Dworkin, R.: 1977, Taking Rights Seriously (Harvard University Press, Cambridge, MA).
- Etzioni, A.: 1997, ‘Some Privacy, Please, for E-Mail’ New York Times (November 23), BU12.
- Finnis, J.: 1980, Natural Law and Natural Rights (Oxford University Press, New York City).
- Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510–2521, 2701–2710, 3117, 3121–3126 (1994).
- Franklin v. Gwinnett County Public Schools, 911 F.2d 617 (11th Cir.1990).
- Greenberg, J. and R. A. Baron: Behavior in Organizations: Understanding and Managing the Human Side of Work (Prentice-Hall, Inc., Upper Saddle River, NJ), pp. 493–495.
- Harmon, A.: 1997, ‘On the Office PC, Bosses Opt for All Work, and No Play’ New York Times (September 22), A1, D11.
- Irving, R. H., C. A. Higgins and F. R. Safayeni: 1986, ‘Computerized Performance Monitoring Systems: Use and Abuse’ Communications of the ACM 29, 794–801.
- Marpet, M.: 1997, personal communication.
- Perkins, R. M.: 1969, Perkins on Criminal Law, 2d ed., (The Foundation Press, Mineola, NY).
- Rawls, J.: 1971, A Theory of Justice (Harvard University Press, Cambridge, MA).
- Shoars v. Epson America, Inc., No. BO73243 (Cal. Cp. App.), review denied, No. SO40065, 1994 Cal. LEXIS 3670 (Cal. June 29, 1994).
- Smythe v. Pillsbury, 64 U.S.L.W., 2564 (1996).
- Ethical, Legal and Economic Aspects of Employer Monitoring of Employee Electronic Mail
Journal of Business Ethics
Volume 19, Issue 1 , pp 99-108
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- Kluwer Academic Publishers
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- 1. U.S. Army Corps of Engineers, USA
- 2. Economics Department, Fairleigh Dickinson University, 285 Madison Avenue, Madison, NJ, 07666 E-mail
- 3. Economics Department, St. John's University, 300 Howard Avenue, Staten Island, NY, 10301 E-mail