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The key here is consent and the legitimate purpose of monitoring. For example, as a teacher, I'm sure you had a school district issued email address, and those communications traveled through the school server. The school would have an interest in monitoring your emails for a few reasons, and probably had a "key word" system in place to filter high risk emails for review. This is the typical situation, and the least intrusive. If you used your personal email on a web browser at work, perhaps at lunch, those emails shouldn't be going through the school's server/filter system. Employer would not "own" your personal email messages. Of course its possible that the school "knows" you are on gmail or Facebook but the content of those messages shouldn't be part of "employee email monitoring".
Ssometimes, companies issue work cell phones to employees and the employee can have both personal and work email on that device. The employer isn't entitled to monitor all text, email communications simply because it owns the device unless the employee consents to this. In fact, most employers encourage employees to use their personal email for personal things, rather than use their work email for personal business.
With the SH situation, I highly doubt SH had an employer issued email, only because it seems stupid to apply for new jobs with an old job's email address. So she was using her personal email account, probably on a computer owned by MS. And while I'm sure she knew the internet history might be visible to MS, I highly doubt she was aware of, or consented to copies of her personal email being sent to MS. There
is an expectation of privacy specific to a password protected personal account. Internet history, not so much because there is no password.
Here, I bet MS used a "stealth" program like this
http://www.keyllama.com/index.php?main_page=product_info&cPath=1&products_id=8
From that product's FAQ page:
"
Are they legal?
First the disclaimer: We aren't lawyers, we don't pretend to be lawyers. We can't and don't offer legal advice. That is what real lawyers are for. Ask one. With that said, we can provide some very general guidelines. These vary depending on where you live. Again, ask a lawyer.
Generally, parents are allowed to monitor their minor children's computer use.
Employers may generally monitor how company owned computers are used, provided they post clear notices to everyone who might possibly use the computer. There are sometimes very specific legal requirements - You really do need to ask a lawyer before proceeding.
It is generally NOT LEGAL to monitor any adult unless very clear notice is posted. This includes spouses, boyfriends, girlfriends, etc... Don't do it."
So...if SH was using personal email, had no clue there was a key logger installed on the office computer, IMO, that's not at all the same as a typical "employer monitoring employee email" situation like yours. Key loggers are not used when employees consent and/or are aware of monitoring. :moo:
