Applied Sciences
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Rush Mary
1. Discuss the reasoning that the higher courts had in reversing the trial court.
The court reversed the trial courts findings for several reason. First, the company’s policy on monitoring was not clear. The policy stated that occasionally use of the computer for personal email was authorized. However, it was not clear on whether that communication would be monitored as well. Additionally, the nature of Stengarts personnel email made their expectation to privacy even greater as they were protected under attorney-client communications (Ferrera, 2011).
2. What effect would this decision have on a company when thinking about forming company policy regarding personal communication?
This case showed a clear need for organization to thoroughly address personal communication. An organizations policy should address what type of personal communication are authorized on their device as well as if and how these communications will be monitored. This case also highlighted the importance of attorney client privileged communications. Organizations should consult the court for authorization to utilizing these communications when obtained through monitoring.
3. Would a state antispam statute that specifically prohibited pornographic, obscene, terroristic, and fraudulent emailing withstand constitutional scrutiny? Why or why not?
This type of antispam act would likely hold up under constitution scrutiny. Since these types of communication are not protected, restricting them should not be viewed as violation to an individual’s First Amendment rights.
4. Is spam so bad? Why can a business lawfully send unsolicited traditional mail, or make unsolicited phone calls (if there is no violation of a no-call list) but spamming violates the law?
Spam can be bad when sent in large quantities. It can slow down the network as well as waste storage. Sending spam e-mails ties up less resources than phone calls. This makes it easy for an organization to send an excessive amount of email.
Ferrera, G. R., Reder, M.E. K., Lichtenstein, S. D., Bird, R., Darrow, J. J., Jeff. (01/2011). CyberLaw: Text and Cases. [Bookshelf Online]. Retrieved from https://bookshelf.vitalsource.com/#/books/1133173500/