Security Basics mailing list archives
RE: Internet E-mail monitoring/approval
From: "dave" <dave () netmedic net>
Date: Mon, 14 Apr 2003 22:13:25 -0400
Sonja, I believe what you were saying is true, if you were a Law Enforcement Officer performing an Investigation. What "SCOPE" do you have to define?? You can do many things that may not be admissible in court as evidence in a criminal case. Dave _____________________ Dave Kleiman dave () netmedic net www.netmedic.net -----Original Message----- From: Robinson, Sonja [mailto:SRobinson () HIPUSA com] Sent: Monday, April 14, 2003 10:20 To: 'John Gormly'; 'security basics' Subject: RE: Internet E-mail monitoring/approval Each of you is right to an extent. Yes, there are some privacy issues with e-mail. This is touchy area. Bt yes you can monitor it. Yes, you SHOULD (MUST) have privacy (or lack thereof) policies, monitoring policies and investigation policies. Would I allow the manager to read all of the e-mail? Absolutely not! You can set yourself up for a lawsuit because you are performing an investigation that has NO DEFINED SCOPE and is being performed by a person who is not properly trained or qualified to do so. Not to mention monitoring and investigations should be done by someone objective. A manager is not. You can not just arbitrarily focus on one person without just cause. Let me explain this. I can monitor ALL users for web surfing and when a flag goes up for unauthorized sites, I can take action. But I was not focused on ONE user the entire time. Something caught my eye. I can have all e-mail go through a filter and if it picks up something I can investigate that. I can't just read Jane Doe's e-mail all day just because I can. Now, let's say the previously mentioned triggers or a very good suspicion about employee activity is the case (as in this case it most likely is). Well, now you go into investigation mode. This includes notifying your legal and hr dept that you are doing an investigation and you help them edfine the scope (especially legal). What items are being leaked? To Whom? Why do you think so? Based on these as well as other questions, you define your scope and perform the investigation. The investigator should (ideally) be a trained and properly qualified forensic expert. Why forensics, so that the investigation will be performed following applicable laws and that everything collected is OBJECTIVE and can be presented in court if it goes to that. In addition, a manager might not save e-mails properly (among other things), may accidentally accuse without having properly conducting the investigation and interpreting results. This could damage an employee's reputation and then you have a lawsuit there when they quit due to hostile environment (seen it happen). IF you fire an employee based on things in e-mail you just might find yourself in a lawsuit (especially if its not what you were looking for originally). IF you go outside of the scope of the investigation without redefining scope with legal approval then you're in some potential trouble. Don't get me wrong, I investigate e-mail and Internet logs all the time. I just do it legally and with the proper approvals, scope etc. I watch out for everyone's rights, employee and employer. Sonja Robinson, CISA Network Security Analyst HIP Health Plans Office: 212-806-4125 Pager: 8884238615 -----Original Message----- From: John Gormly [mailto:jgormlyjr () yahoo com] Sent: Saturday, April 12, 2003 8:05 AM To: 'security basics' Subject: RE: Internet E-mail monitoring/approval I would agree. Also check with Human Resources of the company. Our employees sign an agreement before being issued a computer stating that the computer is the property of the company and is for company use only. All activity (internet browsing, email access, etc., ) while using company equipment is subject to monitoring. We've never had a problem monitoring email or internet access when we've needed to. -----Original Message----- From: Ben Schorr [mailto:bms () hawaiilawyer com] Sent: Thursday, April 10, 2003 7:55 PM To: security basics
My 2 cents ... 1. The basics of Law, Ethics and Investigation says, Never do anything that is unknown to user. Monitoring email activity without user knowledge is illegal and your company can be sued for billions of dollars.
Actually that's not necessarily true. It depends largely upon what your employee handbook and privacy agreements say. If they explicitly state that the e-mail system is company property and may be subject to monitoring then...it might not be illegal. It's assumed, in many cases, that if the employee has been notified that their e-mail is company property and may be monitored that any monitoring that may occur, even months later, is not without their knowledge. Best for Ted to consult with an attorney licensed to practice employment law in his state. Assuming he's in the USA. -Ben- Ben M. Schorr, MVP-Outlook, CNA, MCPx3 Director of Information Services Damon Key Leong Kupchak Hastert http://www.hawaiilawyer.com ------------------------------------------------------------------- Is SPAM over-loading your e-mail server, disk space or bandwidth? SurfControl E-Mail Filter is flexible, intelligent and policy-driven protection. http://www.securityfocus.com/SurfControl-security-basics2 Download your free fully functional trial, complete with 30-days of free technical support. Stop SPAM before it stops you. ------------------------------------------------------------------- ------------------------------------------------------------------- Is SPAM over-loading your e-mail server, disk space or bandwidth? SurfControl E-Mail Filter is flexible, intelligent and policy-driven protection. http://www.securityfocus.com/SurfControl-security-basics2 Download your free fully functional trial, complete with 30-days of free technical support. Stop SPAM before it stops you. ------------------------------------------------------------------- ********************************************************************** This message is a PRIVILEGED AND CONFIDENTIAL communication, and is intended only for the individual(s) named herein or others specifically authorized to receive the communication. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender of the error immediately, do not read or use the communication in any manner, destroy all copies, and delete it from your system if the communication was sent via email. ********************************************************************** ------------------------------------------------------------------- Is SPAM over-loading your e-mail server, disk space or bandwidth? SurfControl E-Mail Filter is flexible, intelligent and policy-driven protection. http://www.securityfocus.com/SurfControl-security-basics2 Download your free fully functional trial, complete with 30-days of free technical support. Stop SPAM before it stops you. ------------------------------------------------------------------- ------------------------------------------------------------------- Attend Black Hat Briefings & Training Europe, May 12-15 in Amsterdam, the world's premier event for IT and network security experts. The two-day Training features 6 hand-on courses on May 12-13 taught by professionals. The two-day Briefings on May 14-15 features 24 top speakers with no vendor sales pitches. Deadline for the best rates is April 25. Register today to ensure your place. www.blackhat.com -------------------------------------------------------------------
Current thread:
- RE: Internet E-mail monitoring/approval, (continued)
- RE: Internet E-mail monitoring/approval Mike Moore (Apr 12)
- RE: Internet E-mail monitoring/approval David Gillett (Apr 14)
- RE: Internet E-mail monitoring/approval - MONITORING Wajid (Apr 12)
- RE: Internet E-mail monitoring/approval Chris Santerre (Apr 11)
- RE: Internet E-mail monitoring/approval Ben Schorr (Apr 11)
- RE: Internet E-mail monitoring/approval John Gormly (Apr 12)
- RE: Internet E-mail monitoring/approval Gregory Kane (Apr 11)
- RE: Internet E-mail monitoring/approval Bruce Fowler (Apr 11)
- RE: Internet E-mail monitoring/approval Shanna Daly (Apr 11)
- RE: Internet E-mail monitoring/approval Robinson, Sonja (Apr 14)
- RE: Internet E-mail monitoring/approval dave (Apr 15)
- RE: Internet E-mail monitoring/approval Robinson, Sonja (Apr 15)
- RE: Internet E-mail monitoring/approval dave (Apr 17)
- RE: Internet E-mail monitoring/approval ONEILL David J (Apr 15)
- RE: Internet E-mail monitoring/approval Robinson, Sonja (Apr 17)