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6 U. Maimi Bus. L.J. 95 (1996)
Employment Law Implications in the Control and Monitoring of E-Mail Systems

handle is hein.journals/umblr6 and id is 97 raw text is: EMPLOYMENT LAW IMPLICATIONS IN THE CONTROL AND
Christopher S. Miller*
Brian D. Poe**
Like the computer or fax machine, electronic mail (e-mail) has become
an indispensable tool of the workplace as one of the principal means of
business communication! It was recently estimated that more than 60 million
workers currently communicate using e-mail in some fashion,2 and it has been
projected that more than 60 billion e-mail messages will be transmitted in the
year 2000.' Most private employers have recognized the need to ensure the
proper usage of e-mail as a business resource, as well as the need to protect
confidential information passed through e-mail systems. However, as a
whole, e-mail technology, has evolved so rapidly that most employers have
struggled to institute policies and procedures regarding the use of e-mail
systems and the treatment and handling of messages created by these systems.4
At the same time, it is estimated that one in five employers electronically
monitors or eavesdrops on its employees' usage of e-mail5 in order to
address many of the concerns related to abuse of e-mail, including harassing
or discriminating statements, defamation, and e-mail used to advance personal,
religious, or political agendas unrelated to legitimate business interests.' The
*    Partner, Troutman Sanders, LLP, Atlanta, Georgia. B.S. 1978, J.D. 1981, M.A. 1986, Ph.D.,
1991, Syracuse University
**   Associate, Troutman Sanders, LLP, Atlanta, Georgia. B.S. 1987, Florida State University;
M.B.A. 1988, University of Georgia; J.D. 1993, University of Virginia
I John K. Keitt, Jr., and Cynthia L Kahn, Cyberpace Snooping, LEGAL TIMES, May 2, 1994, at
2    William D. Ellis, Raymond R. Kepner, Brian F. Chase, & Thomas A. Linthorst, Corporate
Guidelines For Employee Use ofE-Mail and Voice Mail, Morgan Lewis & Bockius LI..P, White Paper at
1 (Oct. 1995).
3    Scott Dean, E-Mail Forces Companies to Grapple With Privacy Issues, CORP. LEGAL TMES,
Sept. 1993, at 11.
4    Richard Raysman & Peter Brown, New Federal E-Mail Guidelines, N.Y.LJ., May 10, 1994,
5    Rosalia J. Costa-Clarke, Workplace Technology Creates Pifallsfor Employers; On Information
Superhighway, Privacy Expectations Collide, PA. L. WEEKLY, Dec. 5, 1994, at 6.
Costa-Clarke, supra note 5, at 6.

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