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Whose E-mail Is It Anyway?

Is someone else reading your e-mails? Your employer might be! Be careful what you say in e-mails. It could be used against you.

E-mails zing across the empty space of the cyber-world constantly and instantaneously. Many of us don't know or care about the inner workings of the Web. We just know enough to use the tool to send a quick message to a client regarding a project, or maybe a casual note to the guy in the cubicle down the hall about tickets to the game on Saturday. But it's time to put down the mouse for a minute, because those informal, short messages that you send to your friends, co-workers and clients could be used against you.

It's Not Just an E-Mail

Don't treat e-mails casually or lightly. Few people are aware that their activities while using their employer's computer system are highly unprotected by the law. E-mails are NOT private communications, but are considered company property if done on the company's computer system, and can be monitored for any number of different reasons. Most court cases have ruled in favor of the company when it comes to employee misconduct on the company's computers and time. E-mails are also being used more frequently as evidence in the courtroom to prove company or employee wrongdoing.

In Court

Recently, the courts have been seeing more and more electronic evidence as the world progresses into an electronic age. In the U.S government antitrust case against Microsoft, the Justice Dept. submitted as evidence an e-mail from Bill Gates. It purportedly revealed his desire to stop rival Netscape Communications from marketing its browser software products for Microsoft's Windows operating system. In a startling court decision involving an illegal sickout organized by Northwest Airlines' flight attendants, the court ruled that Northwest Airlines could search home computers of flight attendants for e-mails. Northwest suspected that the sickout, where flight attendants were encouraged to call in sick, was arranged through Internet chat rooms and personal e-mail.

On the Job

Avoid sharing rumors, gossip or jokes. Not only does that run afoul of many companies' Internet usage policies against "cyber-loafing" or inappropriate usage of Internet access, but it can easily lead to harassment complaints or poor performance reviews. In January 1999, the New York Times fired 23 employees for swapping a bawdry joke via company e-mail.

Life After Delete

Contrary to what you might think, deleting a piece of computerized information, or failing to save it does not mean that it ceases to exist. Most company systems have automatic backup systems that save even deleted data for a certain amount of time. Also, most programs save keyed-in information regardless of whether the typist saved it or not. For those interested in retrieving information for litigation purposes, or other reasons, specialized software exists to access deleted files.

What About Employee Privacy

It is important to realize that when using company computer systems on company time, there is little legal recourse available to an accused employee. But the wary employee can take preventative measures.

• Look at the company's Internet policy. Understand what is permissible and what isn't. Also, look for any mention of computer monitoring or privacy.
• Work within the guidelines. Follow the rules for Internet use that are set forth by your employer.
• Don't use your computer as a trash holder. Most company e-mails expired in usefulness after thirty days. Despite this fact, files and e-mails sit in dusty, cobweb-encrusted folders on most computers. Make it a point of getting rid of obsolete data.

The legal system is struggling to keep up with the rapid growth of technology. There are no clear definitions as to what is admissible in a court case, how far a company's authority extends and to what extent employee privacy is protected. Until the laws and courts provide clearer direction, it is important to protect yourself from problems that can arise from your own e-mails - problems that could potentially get you sued or fired.