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Protecting The E-Marketplace Of Ideas By Protecting Employers: Immunity For Employers Under Section 230 Of The Communications Decency Act, Eric M.D. Zion
Protecting The E-Marketplace Of Ideas By Protecting Employers: Immunity For Employers Under Section 230 Of The Communications Decency Act, Eric M.D. Zion
Federal Communications Law Journal
While we credit employers that provide employees with free Internet access, such access comes at a price to the public because employers are one of the traditional defendents in defamation suits. Complicating matters, Congress enacted the Communications Decency Act. Its section 230 provides broad federal immunity for ISPs when defamatory material of a third party is published using their services. With the passage of section 230, Congress rendered employers immune for the same tort which they are so closely associated. Some argue that employers should not be capable of invoking the immunity because it would allow employers to defame with …
The Private Workplace And The Proposed “Notice Of Electronic Monitoring Act”: Is “Notice” Enough?, Nathan Watson
The Private Workplace And The Proposed “Notice Of Electronic Monitoring Act”: Is “Notice” Enough?, Nathan Watson
Federal Communications Law Journal
On July 20, 2000, an interesting mix of federal legislators proposed legislation that would affect monitoring of employee communications and computer usage in the workplace. Had it passed, NEMA would have required employers to notify their employees if they wished to conduct surveillance of their employees' electronic mail ("e-mail") or other electronic communications. Employer groups succeeded in convincing the Judiciary Committee to pull the bill from further consideration, citing a potential increase in litigation and more work for human resources professionals. This Note argues that NEMA should be adopted, since it would improve the current state of affairs relating to …
Business-Only E-Mail Policies In The Labor Organizing Context: It Is Time To Recognize Employee And Employer Rights, Allegra Kirsten Weiner
Business-Only E-Mail Policies In The Labor Organizing Context: It Is Time To Recognize Employee And Employer Rights, Allegra Kirsten Weiner
Federal Communications Law Journal
Cyberspace changed communication in the workplace. Now that employees are on employers' e-mail systems, union organizers can contact employees in the workplace, during working hours, without any of the obstacles that more traditional forms of union communication impose. Of course this new technologically-advanced labor organizing is ideal for the labor organizers, but it also interferes with the rights of employers. Which groups interests' prevail? Unfortunately there is no precedent. Normally, adherence to the National Labor Relations Board (NLRB) decisions is the answer but no case has come before the NLRB that solves this issue. Therefore, employers and employees are left …