Description
Complete analysis on the case study. Answer both questions in the case study and write 600 words or more for each question. Please make sure you use proper academic resources and proper APA standards for each answer. A minimum of two outside sources are required.
- Did this employee have a reasonable expectation of privacy in the contents of his work computer? Did the government violate his constitutional rights by conducting an illegal search?
The FBI received a tip that an employee of an IT company was accessing child pornography from his workplace computer. When approached by the FBI, the company confirmed that the employee had regularly visited the Web sites. Company officials entered the employee's office in the evening and made copies of the contents of his computer's hard drive. All of the computers in the workplace were the property of the employer, and the employer was able to monitor all employees' Internet activity. When they were hired, employees were told that their computer use was subject to monitoring and that computers should not be used for personal business. The employee was the only user of the office, and it was kept locked. A password created by the employee was needed to use the computer. After the employee was arrested and charged with crimes, he argued that the FBI had violated his constitutional rights by searching his computer without a warrant. Did this employee have a reasonable expectation of privacy in the contents of his workplace computer? Did the government violate his constitutional rights by conducting an illegal search? (United States of America v. Ziegler, 474 F.3d 1184 [9th Cir. 2007]). 600 word minimum required for this question and a minimum of two scholarly resources cited, with proper APA standards for each answer.
2. Were the privacy rights of the teachers violated? Provide the rationale in support of your answer.
School officials suspected that a physical education teacher was stealing money from students. Two hidden video cameras were placed in his office. The office was also used by other gym teachers and was where the teachers changed their clothes. The office was located in the boys’ locker room and was accessible only by walking through the locker room. The cameras recorded and stored camera images for thirty days. It was unclear whether any school officials actually watched live images from the cameras or reviewed the tapes. When a teacher discovered the cameras, he sued. In 600 words, were the privacy rights of the teachers violated? (Helisek v. Dearborn Public Schools, 2008 U.S. Dist. LEXIS 25514 [E.D. Mich.]) 600 word minimum required for this question and a minimum of two scholarly resources cited, with proper APA standards for each answer.
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Running Head: PRIVACY PROTECTION LAW
Privacy Protection Law
A Case Study
Name
Instructor
Institutional Affiliation
Date
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PRIVACY PROTECTION LAW
Question 1
The use of electronic technologies has significantly increased in the workplace. This has,
in turn, prompted employers to have concerns regarding how the employees use the company’s
computer systems and networks such as the internet and emails for purposes other than the
company’s operations. Similarly, privacy activists have raised alarms regarding the possibility
for employers to invade the employees’ rights to privacy. As a result, many employers have
designed and implemented policies and procedures that notify their employees that they track
and observe the use of these networks and systems and to offer supervision to employees
regarding the suitable uses of the computing technologies (Henderson, 2007).
The Electronic Communications Privacy Act (ECPA) was enacted in 1986 with the
purpose of providing people with some privacy security in their electronic gadgets and
communications. However, this act has a number of limitations on the ability to protect
employees’ privacy. For instance, this law does not restrict access to electronic communications
by employers who offer the required electronic networks and systems to their employees.
Furthermore, many states have acts that are similar to that of the Electronic Communications
Privacy Act. Extra protection may also be provided via common law, which is subject to judicial
precedent as opposed to legislative decrees. In other words, almost all federal and state laws give
employers significant leeway to monitor the computer systems and networks of the employees.
While state and federal statutes acknowledge the right of a person to take ...