eavesdropping, 43, 59
Electronic Communications Privacy Act (ECPA), 56
electronic discovery, see discovery
electronic eavesdropping, 43, 59
as-needed-only use, 35
backup of, 105–106
code of conduct, 159–161
do’s and don’ts for, 155–158
instant messaging (IM) versus, 10–11, 31, 42
regulation of, 136, 138–140
retention and archiving challenges, 15, 138–140
E-Mail Rules (Flynn and Kahn), 13, 50–51
embarrassing information, 59, 60, 61, 64–65, 70–75, 83–85, 103
emoticons, 89
employee handbook, 128
employee productivity, see productivity
Employee Retirement Income Security Act (ERISA), 101
employers
failure to monitor/retain internal e-mail, 56, 61–62
IM as property of, 49–50, 56– 58, 63–64, 102–103
legal responsibility for employee messages, 49–50, 70, 80
personal IM use policy, 69–76, 126–127
sample confidentiality statement, 62
sample content statement, 86– 87, 90
sample personal use statement, 72–73
sample privacy statement, 65
sample record ownership statement, 57–58
Employment Law Alliance, 52
encryption, 14, 33, 58–59
Enron, 102–103, 134
Enterprise AIM Services, 181
enterprise IM tools, 33, 59, 75, 82, 87, 125–126, 181
Enterprise Storage Group, 49
ePolicy Institute, 15, 81, 93
e-risk management, compliance, and litigation response team, 37–39
dead records management, 102–103
establishing and empowering, 113–114
importance of, 37–38
key members of, 37–39
eSignature Act, 101
ethnic slurs, 85
evidence
destruction of, 52–53, 94, 97, 98, 109–112
failure to produce, 53, 94
messages as legal, 15, 16, 51–53, 80, 81–82, 83–87, 96–97
subpoenas and, 15, 16, 48–49, 52, 94
see also discovery