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Cyberveillance: A Case Study in Workplace Productivity vs. Privacy
By J. Melody Murdock

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OPTION 2:
PROCEED WITH MONITORING

Global may decide opening up the discussion is too risky. They know if they receive negative feedback to monitoring and still move forward, the outcome could be worse than if they had never asked for input at all. In this scenario, Global would make the executive decision that it is in the best interest of the company to implement surveillance software. Global hopes that monitoring would prevent employees from sharing company secrets, harassing other workers, committing fraud, and wasting time.

If Global's U.S. employees are following suit with the rest of America, they're spending at least a quarter of their work day on non-work-related activities such as web surfing, emailing, blogging, or instant messaging. Even worse, some employees could be visiting pornographic sites or sending inappropriate emails—risking sexual harassment lawsuits. It wasn't long ago that Xerox fired forty employees for visiting pornographic web sites; The New York Times fired twenty-three employees for spending most of their work day at gambling and porn sites.7 Although less offensive, e-commerce sites also lure plenty of nine-to-five traffic their way. With faster connections at work than at home, employees often end up multitasking, or "multislacking," at work—planning vacations, ordering clothes and gifts, playing video games, checking out sports, and day trading. Charles Schwab & Co. report that as many as 70 percent of their clientele manage their online trading from their office desks.8

In addition to increasing productivity, cyberveillance would also serve as a legal protection for Global. "Cooking the books" wouldn't be as easy with e-records. With the recent wave of fraud, government regulation has actually mandated some companies to e-monitor. The SEC requires more than eight thousand securities dealers to keep electronic records of instant messages for at least three years. Hospitals and insurance companies are also required to preserve all e-communications related to a patient's health.9 With monitoring measures in place, Global may not only be able to weed out unethical employees but also prove their own or an employee's innocence.

Pointing out the benefits of monitoring to Global employees would increase the odds of getting a positive response. Experts agree that companies should always disclose their surveillance. Often employees who are tired of their co-workers slacking while they work hard are relieved to see such measures put in place, even if it means giving up some privacy.

OPTION 3:
CHOOSE NOT TO MONITOR

Although there are numerous benefits to installing surveillance software, Global may decide they don't outweigh the costs. The cornerstones of their company are loyalty and trust—what does it say about their level of trust if they monitor their employees' every move? Global credits their success to hiring the best people in the world—a message that may lose credibility if they implement e-monitoring.

Experts say that e-monitoring often dehumanizes the workplace; reduces employee control and job satisfaction; and increases stress, fatigue, tension, irritability, and headaches. Some scholars even doubt that computer monitoring is cost effective.10 Opponents of cyberveillance agree that employees do spend some work time on personal computer activities, but they also point out that the lines between home and work are blurred. Employees are working longer hours and allowing work to come home with them, so it's only fair that a little bit of personal life seep into work. And although it seems clear that employees should not be paid for their non-essential computer activities, it doesn't necessarily give employers the right to intercept, collect, and review information from innocent use—especially if it occurs during non-paid portions of the workday.11

While respecting their employees' rights to privacy in the workplace, Global may also be protecting them from the abuses of monitoring. In the wrong manager's hands, cyberveillance could be dangerous. Employees want to know who is monitoring the monitor. Spyware is so advanced that not only can every keystroke be recorded, but with the click of a button a manager can see any employee's screen in live time. If an employee makes a quick online purchase, his or her credit card number just became company information. Those doing the monitoring could use content to embarrass employees, get even with them, steal their ideas, or covertly evaluate their performance.12

Some academics say this new technology is the realization of a prediction by Brandeis and Warren: "Recent inventions and business methods call attention to the next step which must be taken for the protection of the person . . . the right ‘to be let alone.' Numerous mechanical devices threaten to make good the prediction that ‘what is whispered in the closet shall be proclaimed from the housetops.'"13

Employee advocates hope that laws to help protect employees will eventually catch up to spyware technology. By choosing this option, Global decides to go against the trend, because e-monitoring is not a cultural fit. For now, they'll revise their Internet policies and put off using the software until they see a serious problem or concern.

EPILOGUE
No matter which option Global chooses, they'll find it's nearly impossible to strike a perfect balance between legitimate business interests in workplace efficiency and equally legitimate interests in workplace privacy. But there are some measures they can take that will benefit both the bank and its employees.

Regardless of whether they use e-monitoring software, they can develop and communicate clear guidelines and policies explaining in detail what is and isn't acceptable. The bank should be reasonable and respectful of its employees' needs and time, recognizing that an overworked employee has earned a few minutes of downtime during work hours.

If employers do feel e-monitoring is necessary, they could look for software that is less invasive to employee privacy, such as those that block inappropriate web sites and look for suspicious keywords only in emails and instant messages. When implementing new policies or software, the company should always notify employees in advance.

Finally, although it's easier said than done, the bank should strive to hire employees they can trust. If Global employees live up to their reputation of being the best in the business, cyberveillance won't be a productivity booster or morale buster—it will simply be unnecessary.



ENDNOTES
1 David Zweig and Jane Webster. "Where Is the Line Between Benign and Invasive?" Journal of Organizational Behavior 5 (August 2002): 605.

2 Ibid.

3 Dan Malachowski. "Wasted Time at Work Costing Companies Billions." Retrieved 15 October 2005 online at www.salary.com.

4 American Management Association and ePolicy Institute Research. "2005 Electronic Monitoring & Surveillance Survey." Retrieved 15 October 2005 online at www.amanet.org/press/amanews/ems05.htm.

5 This is a hypothetical case borrowed from research by John F. Veiga, Jeffery A. Thompson, Richard Dino, Irene Hau Siu Chow, Eleanor O'Higgins, and Ali bin Khalifa Al Khalifa. "The Ethics of Cyberveillance in a Global Context." The Review of Business Information Systems. 3 (2004).

6 Ibid.

7 Michele Masterson. "Cyberveillance at Work." (4 January 2000). Retrieved online 15 October 2005 at money.cnn.com/2000/01/04/technology/webspy/.

8 Michelle Conlin. "Workers, Surf at Your Own Risk." BusinessWeek Online. (12 June 2000). Retrieved 15 October 2005 online at businessweek.com/2000/00_24/b3685257.htm.

9 Jason McLure. "U R Hereby Fired!" Newsweek. 20 (17 November 2003): e31.

10 Kristen Bell DeTienne. "Big Brother Is Watching: Computer Monitoring and Communication." IEEE Transactions on Professional Communication. 1 (March 1004): 5.

11 Charles Frayer. "Employee Privacy and Internet Monitoring." The Business Lawyer. 2 (February 2002): 857.

12 David Zweig and Jane Webster. "Where Is the Line Between Benign and Invasive?"

13 Warren and L. D. Brandeis. "The Right to Privacy." Harvard Law Review 4 (1890): 193-220.

ABOUT THE AUTHOR
J. Melody Murdock is former editor of Marriott Alumni Magazine and is now a freelance writer and editor based in Salt Lake City. She earned her BA in 2000 and master's degree in mass communication in 2003 from BYU.


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