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Spector Spyware Violates State and Federal Wiretap Laws

Articles / CyberLaw
Posted by admin on Feb 28, 2005 - 05:46 AM



Some claim the decision spells gloom and doom for employers who engage in these kinds of monitoring, but there are specific exemptions contained within the Stored Electronic Communications Act and the Electronic Communications Privacy Act (ECPA) that would allow them to monitor computer communications for the protection of their systems and property. Additionally, well drafted terms of use policies for internal operations and well drafted privacy policies for web use would garner the requisite consent in order to legally monitor these communications in real time. Once the communications are stored, the review of that electronic data is no longer covered under 934 or the Federal Wiretap Act.

Read the O'Brien decision here in pdf format. [1]

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  [1] http://cyberlaw.info/public/obrien.pdf