Perspective: Time to crack down on tech at work?

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For example, tracking and later proving who authored specific messages that might be the subject of harassment, defamation or trade secret disclosure claims might be very difficult. Plus, because such messages can be printed but not saved on the transmitting resource, they are susceptible to manipulation.

Moreover, once specific litigation is contemplated or initiated, companies have an obligation to preserve relevant evidence, otherwise they could be charged with evidence spoliation. Companies have to struggle with how their document and data retention policies are to drafted to encompass IMing.

iPods
Yes, even iPods have workplace consequences. More and more people are living their lives to their own soundtracks through their iPods. Here, too, employers should consider clear policies so their employees understand what is permissible.

Certainly, listening to music or other audio recordings--the most recent popular carrier of which is the iPod--can be distracting and decrease worker productivity for certain types of jobs. iPod usage could even be a safety issue for some jobs if failure to pay attention leads to accidents and injuries.

And, now that videos now are available on some iPods, inappropriate content, such as violent or sexual material, could lead to claims by others of improper and hostile work environments.

Camera phones
It is estimated that by the end of this year 80 percent of cell phones also will be cameras. Employers also need to deal with this development.

Camera phones can be used to photograph sensitive, confidential and trade-secret company information. Furthermore, camera phones can be used to photograph other workers in embarrassing situations and cause other employees to feel a loss of privacy.

Completely banning camera phones may not make sense, as employees will want access to the phone part of their device, even if they do not use the camera. So, again, policies should be developed and articulated that make sense for a given company.

Technology will keep moving forward, and employers need to work with employees so everyone knows what is permissible and appropriate and what is not.

Biography
Eric J. Sinrod is a partner in the San Francisco office of Duane Morris. His focus includes information technology and intellectual-property disputes. To receive his weekly columns, send an e-mail to [e-mail] with "Subscribe" in the subject line. This column is prepared and published for informational purposes only, and it should not be construed as legal advice. The views expressed in this column are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.

More Perspectives

[Blackjetta]

You underestimate what employees will do...

I'd rather not be blogging about my work. What this article doesn't mention is it isn't the employer retailitating that I'm worried about. Retailiation by employees can be worse. People kill people on the Job all the time down here. I'm sure you're aware of that. Say something embarrassing about an employee and he/she might show up in fatigues and a semi-automatic gun.

As far as camera phones. The company can say anyone caught taking photos of sensitive stuff will be terminated. They'll still keep their phones for talking. And with IPods and Digital Cameras..Well if you're not doing your job. The performance reviews will bear that out and then with good documentation of what you're not doing will be on record. Document, Document, Document, the employees performance to protect yourself

[blish]

ipods

I'm surprised that nobody has identified ipods as what they really are - tiny USB drives. I would think that this would raise more red flags than the potential distraction caused by listening to music.

[aayushpuri]

Violation of a companys policies could lead to discipline or indiscipline?

> " Violation of a companys policies could lead to discipline and even termination.

I think you meant to say that "Violation of a companys policies could lead to *indiscipline* ..."

A question and a comment

Just to be clear, you use the following bullet item three times:
"" Blogging activities will be monitored and employees should have no expectations of privacy in work-related blogs."

Am I to assume that you are attempting to drive the point home or by some off chance is this perhaps a "gratuitous cut and paste" incident?

A comment regarding cell phones that most people are not aware of; Aside from the camera aspect and the built in GPS capability(for 911 location determination), I am not permitted to bring my cell phone in to certain "restricted" areas where I work because even turned off, they can be remotely activated and used as a listening device. My company has actually installed little lock boxes to store your cell phones when entering these restricted areas.

But who is afraid of the bad big brother....

[baswwe]

its the underpaid minions that cause the problems

Overpaid people dont cause company problems.

When people get wronged by the man - thats when they set out to wrong the man.

So don't SCREW your employees over. comprende?

[dyler]

Yes exactly right

When an employer screws over employees they deserve to get screwed over and they all deserve what they get. The man is the one who is destroying our country and how our businesses are run.

[H Voyager]

Blogging is just public speech, with all the ramifications thereof

...and a slightly longer shelf-life.

We've already got corporate regulations for what one can and cannot say in public. Is there anything that one could say on a podium, that would be worse said in a blog?

I just don't see value in making new regulations, when the rules we've already got are adequate to cover the situation.