1. E-monitoring in the Workplace Trent and Jamila Robert and Jamie Trent and Jamila Robert and Jamie

2. The E-Monitoring Team TRENT JAMILA JAMIE ROBERT

3. What is E-Monitoring?  Using electronics to watch, keep track of, or check employees’ productivity and use of company equipment.

4. Current Uses  ID tags  E-mail  Phone calls  Keystroke  Computer monitoring  Physical monitoring  ID tags  E-mail  Phone calls  Keystroke  Computer monitoring  Physical monitoring

5. Keystroke Skit

6. [18/03/2008, 21:36]. User: "rdriver". Window title:"Mozilla Firefox Start Page - Mozilla Firefox" onyen.unc.edu rdriver [18/03/2008, 21:37]. User: "rdriver". Window title:"https://webmail3.isis.unc.edu - Webmail :: Message Composition - Mozilla Firefox" coworker@emailWork SucksHey buddy work sucks again. I really hate the boss, we dont get any breaks so I just slack off on the internet! [18/03/2008, 21:37]. User: "rdriver". Window title:"Mozilla Firefox Start Page - Mozilla Firefox" facebook.com jamie [18/03/2008, 21:38]. User: "rdriver". Window title:"Mozilla Firefox Start Page - Mozilla Firefox" nasdaq.com goog [18/03/2008, 21:38]. User: "rdriver". Window title:"Mozilla Firefox Start Page - Mozilla Firefox" espn.go.com north carolina

7. Real World  Smyth vs. Pillsbury legal case  Email monitoring  ECPA - Electronic Communications Privacy Act  One party consents  Company provides equipment  Used for business purposes  Smyth vs. Pillsbury legal case  Email monitoring  ECPA - Electronic Communications Privacy Act  One party consents  Company provides equipment  Used for business purposes

8. Productivity  How does being monitored affect productivity?

9. Productivity  Not working number of hours paid to work  Non-work related internet uses  Excessive use  poor performance  $1.7bn NCAA Tourney  Sources: NCAA (Challenger, Gray, Christmas Inc. study); performance (1993 McWorld study).  Not working number of hours paid to work  Non-work related internet uses  Excessive use  poor performance  $1.7bn NCAA Tourney  Sources: NCAA (Challenger, Gray, Christmas Inc. study); performance (1993 McWorld study).

10. Productivity  If employees know they are being monitored, they will be more productive  78% of companies report internet abuse by employees  Will they waste time no matter what?  Source: 2002 study by Computer Security Institute  If employees know they are being monitored, they will be more productive  78% of companies report internet abuse by employees  Will they waste time no matter what?  Source: 2002 study by Computer Security Institute

11. Productivity  Quality over Quantity  Being monitored by numbers does not represent the quality of the goods produced  Rush to meet a goal number but the products will not be in as good of condition  Quality over Quantity  Being monitored by numbers does not represent the quality of the goods produced  Rush to meet a goal number but the products will not be in as good of condition

12. Productivity  Satisfied employees are more prone to be more productive  Give more breaks!  Ex: Break Duration Study  80% increase in errors when working without breaks Source: Nicola Green, “Work-Related Musculoskeletal Disorders (WMSD*) and Breaks”  Satisfied employees are more prone to be more productive  Give more breaks!  Ex: Break Duration Study  80% increase in errors when working without breaks Source: Nicola Green, “Work-Related Musculoskeletal Disorders (WMSD*) and Breaks”

13. Abuse and Discrimination Monitoring Helps Prevent inappropriate emails Reduce harassing behavior/expensive lawsuits Prevent theft/destruction Monitoring Doesn’t Help Could exploit different groups Sources: 1999 Elron survey: 64% of employees had sent or received “adult- oriented” emails. Monitoring Helps Prevent inappropriate emails Reduce harassing behavior/expensive lawsuits Prevent theft/destruction Monitoring Doesn’t Help Could exploit different groups Sources: 1999 Elron survey: 64% of employees had sent or received “adult- oriented” emails.

14. Privacy  Privacy is defined as the quality or state of being apart from company or observation; freedom from unauthorized intrusion (Nord)  Should the company know all information about their employees?  Privacy is defined as the quality or state of being apart from company or observation; freedom from unauthorized intrusion (Nord)  Should the company know all information about their employees?

15. Privacy vs. Monitoring Controversies  Impact on insurance, personal life, illness  Should company know all information  Physical equivalence of cyberspace/difference jobs  If monitor should you monitor everything?  Fake/inactive cameras - lying, unethical?  Impact on insurance, personal life, illness  Should company know all information  Physical equivalence of cyberspace/difference jobs  If monitor should you monitor everything?  Fake/inactive cameras - lying, unethical?

16. Is it Ethical to Monitor?  Theories  Utilitarianism vs. Just Consequentialism  Theories  Utilitarianism vs. Just Consequentialism

17. Tradeoffs and Risks  Alerts if they cross certain boundaries  Is employee productivity worth more than their privacy?  How much are employees/employers willing to risk?  Where will we be in 5 to 10 years?  Alerts if they cross certain boundaries  Is employee productivity worth more than their privacy?  How much are employees/employers willing to risk?  Where will we be in 5 to 10 years?

18. Conclusions  How do we find a median?  What does the class think?  How do we find a median?  What does the class think?

19. Last man Standing  Green means true and red means false  Stay standing if you answer correctly and sit down if you answer incorrectly  Prize for the winner!!  Green means true and red means false  Stay standing if you answer correctly and sit down if you answer incorrectly  Prize for the winner!!

20. Question TRUE (green) or FALSE (red) Government wiretaps aren’t considered e-monitoring.

21. Answer ANSWER: TRUE EVERYONE HOLDING A RED CARD SHOULD SIT DOWN FOR THE REST OF THE GAME.

22. Question  TRUE (green) or FALSE (red)  Employees have a constitutional right to privacy in every workplace.  TRUE (green) or FALSE (red)  Employees have a constitutional right to privacy in every workplace.

23. Answer  ANSWER: FALSE Employers are not required to tell their employees if they are being monitored. Employees’ constitutional right to privacy does not extend to the workplace.  EVERYONE HOLDING A GREEN CARD SHOULD SIT DOWN FOR THE REST OF THE GAME  ANSWER: FALSE Employers are not required to tell their employees if they are being monitored. Employees’ constitutional right to privacy does not extend to the workplace.  EVERYONE HOLDING A GREEN CARD SHOULD SIT DOWN FOR THE REST OF THE GAME

24. Question  TRUE (green) or FALSE (red) The Electronic Communications Privacy Act (ECPA) is in effect when both parties consent and the company provides the equipment.  TRUE (green) or FALSE (red) The Electronic Communications Privacy Act (ECPA) is in effect when both parties consent and the company provides the equipment.

25. Answer  False The ECPA is in effect when ONE party consents.  False The ECPA is in effect when ONE party consents. EVERYONE HOLDING A GREEN CARD SHOULD SIT DOWN.

26. Question TRUE (green) or FALSE (red) Smyth Vs. Pillsbury involved a case where monitored phone calls and voice mail led to the firing of an employee TRUE (green) or FALSE (red) Smyth Vs. Pillsbury involved a case where monitored phone calls and voice mail led to the firing of an employee

27. Answer  FALSE  It involved monitoring email  EVERYONE HOLDING A GREEN CARD SHOULD SIT DOWN  FALSE  It involved monitoring email  EVERYONE HOLDING A GREEN CARD SHOULD SIT DOWN

28. Question TRUE (green) or FALSE (red) At least 75% of companies reported employee abuse of internet access, according to one study.

29. Answer ANSWER: TRUE, the study showed 78% of companies reported abuse. EVERYONE HOLDING A RED CARD SHOULD SIT DOWN FOR THE REST OF THE GAME.

30. Question TRUE (GREEN) OR FALSE (RED) TYLER HANSBROUGH IS NOW THE ALL-TIME ACC LEADER IN MADE FREE THROWS

31. Answer FALSE, HE’S THREE FREE-THROWS SHORT OF LAETTNER’S RECORD. EVERYONE HOLDING A GREEN CARD SHOULD SIT DOWN.

32. Question TRUE (green) or FALSE (red) Courts have ruled that employees can be fired for electronic misconduct even if the employer hadn’t told the employees that they were being monitored.

33. Answer ANSWER: TRUE EVERYONE HOLDING A RED CARD SHOULD SIT DOWN FOR THE REST OF THE GAME.

34. Question TRUE (green) or FALSE (red) UNC is in the SOUTH bracket in the NCAA Tournament. TRUE (green) or FALSE (red) UNC is in the SOUTH bracket in the NCAA Tournament.

35. Answer  False  UNC is in the East Bracket  False  UNC is in the East Bracket

36. Question  TRUE (green) or FALSE (red)  Bosses now can remotely see employees’ monitors in real-time.  TRUE (green) or FALSE (red)  Bosses now can remotely see employees’ monitors in real-time.

37. Answer  ANSWER: TRUE.  EVERYONE HOLDING A RED CARD SHOULD SIT DOWN FOR THE REST OF THE GAME  ANSWER: TRUE.  EVERYONE HOLDING A RED CARD SHOULD SIT DOWN FOR THE REST OF THE GAME

38. Question TRUE (green) or FALSE (red)  An employer using an e-mail monitoring application can read the text or attachments in your company e-mail. TRUE (green) or FALSE (red)  An employer using an e-mail monitoring application can read the text or attachments in your company e-mail.

39. Answer  ANSWER: TRUE. An employer can read everything within company e-mail.  EVERYONE HOLDING A RED CARD SHOULD SIT DOWN FOR THE REST OF THE GAME  ANSWER: TRUE. An employer can read everything within company e-mail.  EVERYONE HOLDING A RED CARD SHOULD SIT DOWN FOR THE REST OF THE GAME

40. Question TRUE (green) or FALSE (red) Most monitoring software only show statistics or numbers about an employee. TRUE (green) or FALSE (red) Most monitoring software only show statistics or numbers about an employee.

41. Answer  True Most monitoring software only show the quantity rather than quality of an employee’s productivity.  True Most monitoring software only show the quantity rather than quality of an employee’s productivity.

42. FINAL QUESTION!  During this class you have all been monitored. What percentage of the class has “Sidetracked” on their computers?  REMAINING PLAYERS ONLY: Write down your name and guess on a piece of paper.  Closest to the true number wins a prize.  During this class you have all been monitored. What percentage of the class has “Sidetracked” on their computers?  REMAINING PLAYERS ONLY: Write down your name and guess on a piece of paper.  Closest to the true number wins a prize.

43. Videos – Loss of Privacy  Head phones Head phones  Star Wars Star Wars  Head phones Head phones  Star Wars Star Wars