NFIB

Managing Your Email for Company and Personal Security
03/ 28/ 2002


In the ongoing Justice Department antitrust case against Microsoft, an interesting fact has emerged that impacts small businesses and self-employed individuals. During the course of the trial, Justice Department lawyers have unearthed and brought forth hundreds of e-mails to be used as evidence in the suit. Most of the e-mails were written by Microsoft personnel, both within the company and to employees of other companies. The e-mails are being brought into evidence as candid, open commentary on Microsoft's intent regarding the various charges of monopolistic practices. In today's Workshop, contributor Jeff Moses shares tips on how you and your company can steer clear of problems relating to e-mail content.

-- Employees of companies of all sizes must realize that their e-mails, both internal to the company and external, are as important as letters on paper. Incoming and outgoing e-mails are often stored on large back-up drives, even when they are erased later by the employees on their own computers. These back-up drives can be examined even years later, and old e-mails brought forth.

-- When writing and sending an e-mail, a person needs to keep in mind issues of company privacy and correctness. E-mails are often written "off the cuff," and are considered much less formal than regular letters, or even faxes and voice mail. Employees should be aware that anything they say about their company or their own personal activities may later become available to the public and/or the courts. Even e-mails to and from corporate officers (on the most delicate internal corporate issues) may be subject to later scrutiny. For this reason, issues of company research and development, finance and accounting, salaries, company directions and goals, hirings and firings, etc., should be written about with discretion.

-- Some security experts suggest that companies erase hard drives containing e-mail every several months, but others say that such erasing could also eliminate information that a company might need to defend itself in law suits.

-- A recent American Management Association survey determined that over 33% of companies monitor employees in some way, many by reading employees' e-mail. This is not illegal, but may not be the best way to address the liability issue. Companies should institute policies to inform employees about the correct handling of e-mail to avoid problems.

-- Self-employed individuals should always take into consideration whether their e-mails address delicate issues. When corresponding with other self-employed workers, or with employees in small, mid-size or larger companies, never write anything that you would not want to see with your name attached to it in the newspaper a week or a month later.

Small Business Sound Off
Does this story hit home?  Share your story with us