By Thomas D. DeMatteo
Vice President &
General Counsel
ABC Companies

The importance and proliferation of computers, e-mail and the internet in the workplace can not be overlooked. Each of these tools, however, comes with significant legal liability risk for employers. Computers become a new filing system where a whole host of information is created and stored. All of which can be a gold mine for plaintiff's attorneys because it is all discoverable in a lawsuit.
E-mails tend to be written off the cuff with little significant thought or planning given to the e-mail or response. People tend to write things in e-mails they would not say in person or over the telephone. The result, e-mails create a lot of smoking guns.
While the internet is a phenomenal resource of information, the amount and type of information now running through company information systems is downright scary. The amount of time employees spend on the internet dramatically impacts productivity. Usage ranges from actual work, to weather, sports and news, to pornography. Bottom line: The creation, implementation and enforcement of a strong computer-usage policy will provide a good first line of defense.

Policy provisions
* Use of any company communication system for the purpose of making offensive or harassing statements, including disparagement of others based on race, national origin, sex, sexual orientation, age, disability, religious, or political beliefs is prohibited.
* Sending threatening messages, offensive images or messages, or pornographic materials is prohibited.
* Encryption of messages or other information is prohibited.
* Confidential information, including sales, marketing, accounting or operational information should not be sent over the internet without company approval.
* All employees must use e-mail, internet and other online services in accordance with the carrier's operating policies and the company's policies.
* Use of any communication system for the purpose of operating a business for personal gain or for searching for jobs outside the company is prohibited.
* Use of any communication system for the purpose of sending jokes, chain letters or soliciting money is prohibited.
* Enrollment in internet discussion sites, chat rooms, list servers, and/or e-mail groups must be approved and authorized by the company.
* No unauthorized downloading/uploading of software or files is allowed to prevent viruses from entering the corporate online systems. All software downloaded must be authorized by and registered to the company.
* Employees are expected to help the company remain virus free. All employees are expected to utilize virus-protection software, report viruses immediately to the company and take immediate steps to mitigate damage.
* Employees using communications systems at home must have a separate account and identification for business use.
* Employee stocking of unauthorized software is illegal and is strictly prohibited.
* No message can be transmitted without the employee's identity. Transmittal of messages with anonymous or fictitious names is prohibited.

Policy parameters
* Employees should not have any expectation of privacy with respect to computer messages or files.
* The company reserves the right to monitor, access, search, inspect and disclose any message, communication or file on a computer system owned or operated by the company at any time and for any reason.
* All equipment, software, files, disks, communications or messages created, maintained or sent or received on any system or diskette provided by the company are considered company property.
* Internet access must be approved in advance by the company.
* Violation of company computer, e-mail or internet policy may lead to disciplinary action up to and including termination of employment.
Once you develop a policy, monitoring and enforcement become critical. These steps are necessary, however, to help reduce your risk and create a proper work environment.
Thomas D. DeMatteo also is an adjunct professor at Hamline University School of Law.