April 2000 Meeting Report
by Brenda Oakley
PC News Managing Editor, Alaska Computer Society

Note: Howard Bonar, The Secretary for Alaska Computer Society, who normally prepares the meeting report, was called away on personal matters. We'll just have to make do in his absence.

The April 13, 2000 of the Alaska Computer Society meeting began at 7:25 pm, at the BP Exploration Building.

Questions & Answers

Problem: When viewing Web pages, text keeps rolling off the page shown on the screen.
Suggestions: Change to a higher resolution in display properties. Adjust your monitor dials/buttons. If this is a problem when printing as well, go to Paper Orientation in Printer properties and change from Portrait to Landscape.

Problem: Someone having a home built system with dual Celeron processors and an 8GB drive tried to load NT 4 and OMG (what is this?). Now the CD-ROM drive is not recognized.
Suggestion: Copy the folder named 'I386' straight to hard disk.

AARP announced the computer-training class with nine stations is open and holding class. The 12 classes are four weeks in duration with each session running at two hours.

• Beginners to PC's
• Intro to Internet
• Beginning Microsoft Word

The door prize was three months of free membership, won by Holly Hawkins. She must have angels looking out for her.

The Presentation

We had a great presentation, complete with printed outline and cited information provided by our specialist, Katheryn Bradley, of Tindall Bennett & Shoup, Anchorage, Alaska. She spoke eloquently about the legalities revolving the use of the Internet and e-mail in the workplace.

The overview summed up quite nicely what topics were to be covered. It states:

Businesses and governmental entities are becoming increasingly dependent on the use of technology in the workplace. Many Alaska businesses have complex computer systems that provide their employees with access to e-mail and the Internet. However, some businesses are learning the hard way that providing their employees access to this technology can create liability for the business. This presentation will focus on the legal risks that businesses face for their employees' use of technology, and how to reduce or eliminate some of the risks.

LEGAL ISSUES ASSOCIATED WITH USE OF E-MAIL IN THE WORKPLACE

In 1993 Scott Dean made the comment in his article that an estimate of 60 billion electronic messages will transmit via electronic-mail systems. While this is most likely an accurate figure and has contributed to the efficiency of communication within the workplace, it has not been problem-free.

E-Mail as Evidence in Harassment and Other Suits

E-mail is a less formal means of communicating compared to a memo going to the whole company or an evaluation of an employee. "The same manager who would think long and hard before giving an employee a written negative evaluation might nonetheless express those same opinion in an e-mail to another manager, including perhaps a sarcastic, but derogatory comment about the employee's gender." It is wise to remember that e-mail is just an electronic form of any written material, and might be admitted as evidence in litigation. Choose your words carefully.

Other issues examined and discussed:

• E-Mail Retention Issues
• Employer Monitoring of E-Mail Vs. Employee privacy Issues
  1. Public employers need to keep the fourth amendment in mind.
  2. Private employees are not protected by the fourth amendment.
  3. The Privacy Right in the Alaska Constitution.
  4. Common Law Privacy Claims.
  5. The Federal Electronic Communications Privacy Act of 1986.
  6. Union Issues May Arise With Monitoring.

LEGAL ISSUES ASSOCIATED WITH INTERNET USE IN THE WORKPLACE

1. First Amendment Issues
2. Child Pornography Accessed on the Internet
3. Employees' Abuse of Workplace Technology Privileges

INTELLECTUAL PROPERTY ISSUES ARISING OUT OF THE USE OF TECHNOLOGY IN THE WORKPLACE

DRAFTING A WORKPLACE TECHNOLOGY POLICY

1. Ownership
2. Monitoring
3. No Privacy Expectation
4. Personal Use
5. Prohibition on Improper or Illegal Use of Technology
6. Prohibition on Pornography
7. Prohibition on Offensive, Disparaging or Discriminatory Statements
8. Other Legal Issues
9. Disciplinary Action
10. Complaint Procedure

All of these points were discussed in full. Drafting a workplace technology policy items are explained in the printed handout and provide a great outline if you are formulating your technology policy. If you would like a copy of the handout please contact one of the ACS Board members at the next meeting. In conclusion, this information is pertinent to any business owner, manager, or employee. It should serve to remind us that we should, at all times, use good manners and good taste when choosing our words.