Gov't/individual and employer/employee email privacy


Topic area Privacy and Spam
Target audience Undergraduate and graduate IS/CS/CE/EE majors.
Activity type Reading assignment, worksheet, class discussion, web search.
Time required One 50 minute class session for discussion
1-2 hour student worksheet preparation outside of class
2-3 hours student web search and paper outside of class
Attachments Worksheet
Additional materials
  • The three articles:
    1. "The Two Timothy McVeighs," by Frank Rich, in The Denver Post, January 20, 1998 Pg. C-07.
    2. "Re: ETCS(SS) Timothy Robert McVeigh, USN, " A letter to Navy Secretary John Dalton by David L. Sobel, legal counsel, from www.epic.org/privacy/internet, January 14, 1998.
    3. "Electronic communications: they may not be as private as you think," by William Bockanic and Marc Lynn, in Journal of Systems Management, November 1995, Vol. 46, No. 6, Pg 64.
  • Standard References to look up legal terms
  • Web access or other database access (e.g. lexis-nexis)
Background needed to complete the assignment None.
References Secondary e-mail case reference:
  1. Anderson Consulting LLP, Plaintiff, v. UOP and Bickel & Brewer, Defendants.
  2. CYBER PROMOTIONS, INC. v. AMERICAN ONLINE, INC.
  3. Smyth v. The Pillsbury Co., 914 F. Supp. 97 (E.D. Pa. 1996).
  4. Bourke v. Nissan Motor Corp., No. BO68705.
  5. Other materials found from links at www.epic.org/privacy.
Last modified August 1998

Abstract:
In this assignment students will read three short articles concerning e-mail privacy. The first article is for background information concerning legal issues in e-mail privacy, concentrating on the employer/employee relationship. The second and third articles relate an incident of questionable government access to e-mail information by a government agency (the U.S. Navy), a private e-mail service provider (America on Line), and an individual (Timothy McVeigh). This case explores the rights and legal responsibilities of these three principal litigants with respect to the requirements of the ECPA of 1989. A worksheet will help students learn terminology and think about the ethical implications of e-mail disputes. The class discussion is intended to allow each student to learn the opinions of his/her fellow students regarding the McVeigh case and other related e-mail cases. A post-discussion web search and paper are intended to solidify the issue and exercise student research skills.

Goals for the activity:
There are multiple goals for this activity. The students should understand the legal resources used by the court to decide privacy issues. The students should gain some knowledge of their own e-mail privacy. The students should understand the differences in the rights of employees, employers, and the government under the Electronic Communications Privacy Act (ECPA) of 1986. The students should investigate and think about unresolved issues regarding e-mail communications.

Knowledge / skills / attitudes to be developed (behavioral objectives):
Students will develop a) an understanding of constitutional, statutory, and common law considerations with regard to legal decisions involving privacy issues, b) a knowledge of their own individual rights of privacy during e-mail communications, and c) an appreciation of the limits to government and employer access to e-mail.

Procedure:

Assessing outcomes:
The outcomes of this assignment may be assessed in the following ways:

  1. The attached worksheet contains factual and more subjective information and is intended to be used as a basis for part of the grade, and
  2. a post-discussion web search and writing assignment will assess the students' ability to do research and logical thinking. The discussion may be graded at the instructor's discretion.

Additional remarks:
None.

Author contact information:
Professor Ronald Foster
Electrical and Computer Engineering Dept.
Lawrence Technological University
21000 W. Ten Mile Rd.
Southfield, Mi. 48076
Email: foster@ltu.edu


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