EAVESDROPPING PENALTY
Legal Restrictions - Since 1986, federal law has imposed criminal and civil penalties on any person who intentionally intercepts or discloses intercepted electronic communications. This includes computer e-mail, voice mail, cellular and portable telephones and any other electronic communication while it is in electronic storage on diskette, hard drive or other storage media. The federal law does contain some "safe harbors" for employers. In general, the ban against intercepting and accessing electronic communications contains an exception for communications monitored with the employees' consent. For an employer, the best way to establish prior consent by the work force is to have a formal e-mail monitoring policy. To be effective, the policy should encompass the company's electronic mail system and its other electronic business equipment.