Computer-Based Monitoring in the American Workplace: Surveillance Technologies and Legal Challenges

Abstract

With the explosion in information technology, deploying desktop Internet access for corporations is becoming commonplace. Corporate managers are dealing with issues of protecting their corporations from legal exposure, especially in relation to downloading of pornographic or racist material, and from unwanted content. While the reasons offered by employers for doing computer-based monitoring may appear ethical and legal, employers who aggressively monitor must stay current on the laws because they may be liable for multiple violations of federal and state laws. This paper reviews surveillance technologies and discusses different arguments of computer-based monitoring. This is followed by the discussion of related federal and state laws and judicial decisions. The paper concludes with guidelines for developing computer-based monitoring policies.

Keywords: Computer-based monitoring, employment law, employee privacy, productivity, Internet policy

JEL Classification: K10, K12, K19, K20, K29, K30, K31, K39