is your work computer protected by the 4th Amendment

[renovation]

A Montana man who used his work computer to access child pornography does not have a reasonable expectation of privacy that would bar a search of the machine, a U.S. federal appeals court ruled on Tuesday.

Jeffrey Ziegler had argued that his Fourth Amendment rights against unreasonable searches and seizures should prevent the government from using evidence that he had viewed many images of child pornography at work.

The U.S. 9th Circuit Court of Appeals based in San Francisco cited similar past cases and found that even if some people lament the lack of privacy at work, the law was against Ziegler.

"Social norms suggest that employees are not entitled to privacy in the use of workplace computers, which belong to their employers and pose significant dangers in terms of diminished productivity and even employer liability," Diarmuid O'Scannlain wrote for a three-judge panel.

"Employer monitoring is largely an assumed practice, and thus we think a disseminated computer-use policy is entirely sufficient to defeat any expectation that an employee might nonetheless harbor."

link

[FlyingPenguin]

It's your company's PC, and their desk and their chair and their office. They have a right to rummage through any of them. Don't like it, start your own business.

[Qui Gon-Jinn]

FP said it..

in my case.. it's MY PC.. in MY HOUSE... on MY Desk.. with my fat ass in MY chair.. search it. I dare you..

ohh and I also take my laptop to the store for use.. may be their table and chair.. but I own the hardware..

[FlyingPenguin]

Ditto. My own business now, but when I used to work for someone else it was MY PC on the desk. They wouldn't buy me a computer 14 years ago - they didn't see the need for a sound engineer to need a computer for drafting (duh!) so I built my own system and every system since that sat on my desk was my own (whenever I built a new PC for the house, the hand-me-down would go to the office).

Later, when PCs were more common at that office, whenever they tried to enforce any PC rules on me I'd laugh and tell them it was my PC and they could bite my ass.

[DoPeY5007]

when I log in every day, the PC says it is property of Arrow Electronics

[MidnightSin]

Actually I could see where at the store I could enforce Policies on Qui's surfing habits since he is useing the bandwidth the store pays for to surf the net even if it is on his pc. His job still supplies the Elec and the Bandwidth. But since I personally dont care where he surfs at work as long as his job is getting done and his productivity does not suffer then it doesnt matter. Its very simple I found out a long time ago if you hire employee's that respect thier job/boss (even if they think thier boss is an ass it cool as long as the respect is present) then you can give your employee's alot more freedom and not really have to worry about them screwing off cause they are happy at work.

I mean come on Employee's HAPPY AT WORK who would have ever thought of it?

[MK888]

Later, when PCs were more common at that office, whenever they tried to enforce any PC rules on me I'd laugh and tell them it was my PC and they could bite my ass.

:lol :lol

I do the same thing.... All of my pcs at work are MY pcs. Have the receipts for all the components just in case.

[wvjohn]

1. if you are using company property, it's pretty much theirs

2. what midnight sin said. I am in charge of IT for two offices with about 25 offices - basically I just leave people alone as long as there are no complaints re computer foolishness from either of the managers. I have had a couple of people who will download anything and 1st offence is a lecture and fixit, 2nd offence is I take their computer to fix it and give them a p3-500 - 128mb ram - 8 mb onboard video for a week or longer while I "fix" their computer (which usually means swapping in cloned hd - that usually gets their attention. I have one secretary at the other office whose computer runs really slow 24/7 because of all the instant messengers - I fixed it twice and told her that if the speed is a problem for her I will reinstall everything and then have to give her a limited password, etc. She cn still get her work done ok, so i really don't care.

people appreciate being able to surf a little at work and we don't pay that much and it can be pretty stressfull working here - the big boss and I have agreed that as long as it doesn't interfere with work, it's ok.

[b-man1]

yup...it's a priviledge to surf at work, not a right. an employer is paying for the employee's time and all equipment they use (typically company owned computers, etc)...so no privacy should be expected except standard common sense practices. sad how people think it's a right to do as they please and then wonder what went wrong when they are called into the boss's office.

[Qui Gon-Jinn]

but.. Midnight Sin is usually sitting there checking out the p0rn with me..

ohh wait. thats research. yes.. research..

[Executioner]

Originally posted by Qui Gon-Jinn
but.. Midnight Sin is usually sitting there checking out the p0rn with me..

ohh wait. thats research. yes.. research..

Haha - he probably tells you where to go (the choice sites) while he watches.

[MidnightSin]

Of course I tell him were to go...... That way I am running hands free

[Qui Gon-Jinn]

dear god.. get the bleach.. that mental image is going to take a 55 gallon drum....

[GuardianAsher]

MidnightSin and Qui, you're both nuts...

[MidnightSin]

True..... But in a most Talented way.