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Make your Social Media Policy Stick

When it comes to monitoring employee social media use and, in turn, compliance with your policies, companies are generally governed by the Electronic Communications Privacy Act (ECPA), passed in 1986. The courts struggle with interpreting this outdated law because of the explosion in the types of electronic communication that have launched since the passage of the act. Questions have arisen about what companies can and cannot do to monitor employee use of electronic communication. For example, the very convoluted terms within the law make it hard for employers to understand whether they are the provider of the platform at issue. Is the company at risk because it owns the servers? Or is it AOL or Microsoft that supports the communication? Failing to address the nuances of the ECPA can be costly as the law generally prohibits companies from intercepting electronic communications, whether in the form of e-mails, electronic posts or… Continue Reading

February 2012
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