It's easier than ever to spy on workers

By Ann Harrison

Computerworld, 09/24/99

As privacy concerns move into the corporate realm, the state of California is considering legislation that would make it illegal for employers to covertly read employee e-mail. Yet some companies are developing products that make it easier than ever for employers to monitor computer use.

The California bill, which would amend the state labor code, requires companies to notify workers if their e-mail is being monitored. It is expected be signed into law by Gov. Gray Davis before Oct. 10.

Courts have consistently upheld the rights of employers to monitor activities performed on company machines. But Beth Givens, director of San Diego-based Privacy Rights Clearinghouse, said all workplace monitoring should be disclosed except for activities connected with clearly defined criminal investigations. The pending California bill, SB 1016, is the first proposal to codify this requirement.

Meanwhile, a newly released software utility called Investigator, produced by WinWhatWhere Corp. in Kennewick, Wash., scans much more than e-mail content. Investigator records users and all their computer activity-including the time and date of each action, the workstation, name of the program and title of the activity window. Company president and founder Richard Eaton said Investigator, which can remain hidden to the user, was originally designed to help system administrators track down software and network problems.

Most commercial monitoring tools only scan e-mail or block access to specific Web sites. Yet Investigator, originally launched last year and recently upgraded, includes what the company said was a much-requested keystroke monitoring feature. "You can make [Investigator] completely silent so it doesn't show up on a task list. And if they do find it, it can show up a process under another name," said Eaton.

According to Eaton, users include Lockheed Martin Corp., Delta Air Lines Inc. and the U.S. State Department, though the companies and government agency declined to comment on how they use the product.

Eaton said companies make up about 70% of sales, but the product is also used by individuals to monitor the online behavior of spouses and teen-agers in chat rooms.

According to Givens, many employers don't have clear privacy policies and workers often presume their e-mail sent from work is off-limits to prying eyes. Givens said she believes that the bill will serve as a catalyst for employers to develop privacy policies that cover all employee monitoring, including video surveillance, building-pass checks, company car tracking and telephone eavesdropping.

"I think it's to the benefit of these companies because the development of good privacy policies actually helps companies avoid litigation from their employees," said Givens.

Eaton said he supports the California legislation because he believes simply telling employees they are being watched should put an end to any potential misuse of company machines. "It's terrible when they don't tell them. If you have that level of mistrust with your employees, you have a bigger problem than Investigator can solve for you," said Eaton.