CHAPTER 9 QUESTIONS

1. Is there a reasonable expectation of privacy in a public chat room?
2. Is e-mail private? Explain.
3. List three reasons why employers might wish to read employees' e-mail.
4. How do courts determine if employer monitoring is legal?
5. List two drawbacks to employer monitoring.
6. What federal statute allows ISPs to access their customers' e-mails that are stored on their servers?
7. To whom does the federal Freedom of Information Act apply?
8a. Is there a reasonable expectation of privacy for contents of an e-mail in storage on a server?
8b. Would it prevent an ISP from reading the e-mails?
8c. Would it prevent an ISP from disclosing the e-mails to a third party like the next-of-kin or a government agency? Explain.
9. Is there a reasonable expectation of privacy for contents of an e-mail once it has been sent to a recipient? What is "reasonable"? Explain.
10. What is spoilation?
11. Is routine deletion of office e-mail an advisable approach to avoid electronic discovery? Explain.
12. When does the duty to preserve electronic data arise?
13. What is a litigation hold?
14. Despite a lessened expectation of privacy, social networks users expect control over what aspect of its use?
15. What constitutional protection is provided by the Fourth Amendment?
16. What constitutional amendment(s) might provide the foundation for a reasonable expectation of privacy for the contents of one's hard drive? Explain.
17. What is a National Security Letter?

 

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