May 102010
 
 May 10, 2010  Posted by  Breaches, Court, U.S., Workplace

Adam B. writes:

NYC doctor’s office.  Doctor installs keystroke logging software on an office computer and doesn’t tell anyone, and tells an employee to only use that computer.  Doctor uses the results of the keystroke logging software to log into the employee’s personal email account, review emails, print out some of them, and emails some around to others … resulting in criminal charges under New York Penal Law 156.05, which states:

A person is guilty of unauthorized use of a computer when he or she knowingly uses, causes to be used, or accesses a computer, computer service, or computer network without authorization.

Doctor moves to dismiss the charges, arguing that the victim had no expectation of privacy with regard to email use at work since he owned the computer, not the employee.

And the Hon. Mark Whiten of the Criminal Court of the City of New York, New York County, agreed with him and dismissed the charges…

Read more on Daily Kos.

Related: Decision in People v. Klapper

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