Computers and Technology
Being an employer, Human Resources Director, or Risk Management Supervisor, think about this question: “Do our employees look at the legal danger of sending communications online?” If you are like nearly all companies, your answer would be, “It is highly improbable “.It is really a very common problem amid the work place, for a worker to trust their electronic communications are transient, temporary and, once deleted, untraceable and therefore, harmless.
The fact is e-mail, faxes and even cellular phones leave a trace. Just one e-mail sent from your employee to the employee of a different company passes through an average of four different computer systems. This creates a trail making e-mail real, traceable, and permanent.
Being an industry leader in Computer and Technology Forensics for yesteryear 20 plus years, we’ve documented, during the examination of electronic systems, employees who frequently say/save things into e-mails or store on a pc, things they’d never say anywhere else. Either having a worker delete a potentially damaging or inflammatory e-mail or even a worker deleting an email on their own, doesn’t protect anyone. In reality, it may in the end harm everyone involved.
If a problem or inappropriate conduct of a worker has risen up to the level where you as an owner/supervisor, need to consult a Computer and Technology Forensics expert, among the first areas checked is for deleted documents and/or e-mails. These items cause red flags during an examination of equipment, and the original items can and almost certainly will undoubtedly be found and/or reconstructed. It is essential to understand that the intentional destruction of evidence is really a felony, and if proven, could land one in jail.
A typical example of computer message in a court case dates back to the infamous trial of a few of the Los Angeles Police being tried in the 1991 beating of Rodney King. One of the officers created a pc message stating, “… I haven’t beaten anyone that bad in a lengthy time.” This obviously became admissible in court.
A far more recent example, is one by which we as a company were hired in a libel case. The libeler was online to publish messages on a public bulletin board that were both slanderous and libelous against a competitor in exactly the same field. This person felt that by using “anonymous” e-mails and postings, this may increase their own standing within exactly the same professional community. What the libeler didn’t rely on was the traceability of the e-mails to their home, cell phone and company computer systems. We could actually locate the electronic trail, and with this specific information obtain, with respect to the client, a court order to confiscate the equipment to be able to create image copies of the electronic systems. As a result, to be able to keep the problem private, the libeler consented to an important out of court settlement.
Being an owner/supervisor, it is left to you to take into account and take great care in educating your employees in what should or shouldn’t be devote writing. Furthermore, it is also up to you to make your employees aware how the written word is conveyed when read.
We’ve now asked and answered two very important questions. First, nearly all employees do not think about the legal danger of electronic communications. Second, as an owner/supervisor why it is a must you recognize the potential legal ramifications. The remaining of this informative article is specialized in assisting you in creating and/or updating your current policies.
In today’s litigious society, company’s both large and small needs to have company policies. These policies have traditionally covered areas from dress codes to vacation policies. Within yesteryear five years companies have begun adopting IT policies, generally found within the employee handbook. As an expert Computer and Technology Forensics company, whenever we are called in to examine hard disk drives and/or servers as a result of company suspecting the improper use of systems, we also discuss their IT policies with the right supervisor or IT manager.