Phillip Smith reports: Florida Gov. Rick Scott (R) has suspended his March executive order mandating random drug testing of state employees. He quietly sent a memo to agency heads on June 10 announcing the decision, but the move wasn’t publicly exposed until the ACLU of Florida posted the memo on its web site last week. Scott issued…
Category: Workplace
Petition for Rehearing Filed in United States v. Nosal, the Ninth Circuit Case on Criminalizing Violations of Computer Use Policies
Orin Kerr writes: A petition for rehearing was recently filed in United States v. Nosal, the Ninth Circuit decision holding that an employee who violates his employer’s computer use policy is guilty of “exceeding authorized access” to the employer’s computer. I have posted a copy here. I hope the Ninth Circuit grants rehearing, as I think the Nosal case…
Court: Emails to Spouse from Work Computer Not Protected by Marital Privilege
Adam Klasfeld reports: An executive facing civil securities fraud charges cannot use marital privilege to protect emails he sent to his wife from a work account, a federal judge ruled on Monday. The Securities and Exchange Commission filed a civil fraud action in May 2009 against Reserve Management Co., chairman Bruce Bent Sr., vice chairman…
Ca: Why employers need computer privacy policies
Stuart Rudner writes: Many employers assume that if they own a computer, BlackBerry or other device that has been issued to an employee, they are automatically entitled to access the information stored on it. However, the highest court in Ontario has ruled that unless otherwise stated in the employer’s policy, employees have a reasonable expectation…