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Style:
APA
Subject:
Law
Type:
Coursework
Language:
English (U.S.)
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Topic:

Electronic System Monitoring

Coursework Instructions:

• The company’s e-mail policy stated: “All information and documents created, received, saved, or sent on the company's computer or communications systems are the property of the company. Employees have no personal privacy right in any material created, received, saved, or sent using company’s communication or computer systems. The company reserves the right to access and disclose such material at any time without prior notice.” The company presented to Squiggy Dufus, a star salesman, and all other employees a brief statement that consented to monitoring their use of electronic systems whether or not provided by the company. Squiggy refused to sign and was fired. Before leaving, he sent an email to his lawyer from his desk saying he was going to sue for wrongful termination and another to say he was taking a copy of the company’s sales manual and his accounts, and some other accounts with him. In order to do that, he photocopied the company’s proprietary sales manual and “borrowed” his supervisor’s user name and password to access confidential company files. Each of these e-mails included the following notice:
This message is intended only for the use of the Addressee and may contain information that is privileged and confidential. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please erase all copies of the message and its attachments and notify us immediately.
The company obtained copies of Squiggy’s e-mails. It notified him that it had copies of the e-mails to his lawyer. Communications between a client and lawyer are generally protected, but a client waives this privilege if he publicly discloses the information. When Squiggy requested that the e-mails be returned to him unread, the company refused. The company demanded return of the sales manual copy and purloined account files.
Questions (Your responses should be sufficient in length to fully address the questions).
• What issues are raised under the Electronic Communications Privacy Act? Who should win, Squiggy or the company? Why?
• What issues are raised under the Computer Fraud and Abuse Act? Explain.
• What issues are raised under the Copyright Act? What are the company’s remedies? Explain.
• What issues are raised under the state’s Uniform Trade Secrets Act and/or the federal Defend Trade Secrets Act? What are the company’s remedies? Explain.

Coursework Sample Content Preview:

Electronic System Monitoring
Student Name
Institutional Affiliation
Electronic System Monitoring
The issues raised within the Electronics Communications Privacy Act (ECPA) include protection of wire, electronic, and oral communications – particularly when such communications are being created, transmitted, and when being stored on electronic devices, including computers. The Act also applies to telephone conversations, email, and electronically stored data (U.S Department of Justice, n.d). As per the ECPA, Squiggy would win since the company obtained his information despite not signing the employment contract document, implying that he retained information ownership rights concerning any shared information and would not wish his information shared.
The Computer Fraud and Abuse Act (CFAA) constitutes a criminal and civil cybercrime law prohibiting various computer-related conduct. The organization's actions to obtain Squiggy’s account files without consent amounts to collecting certain information types via unauthorized computer access as defined in the CFAA legislation (Congressional Research Service, 2020). Squiggy had indicated that his emails contained information intended solely for use by the addressee and could incorporate confidential and privileged messages.
The Copyright Act describes issues relating to infringement that happens when a given party violates another’s legal ownership rights of any intellectual property. Squiggy did not have exclusive rights to utilize and copy the compan...
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