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Vanished
by Jane R. Bambauer & Derek E. Bambauer
18 Va. J.L. & Tech. 137 (2013)   View PDF

This article identifies a gap between American free speech rhetoric and practice. We analyze data recently released by Google describing the official requests or demands to remove content made to the company by governments around the world between 2010 and 2012. Controlling for Internet ... [show]
This article identifies a gap between American free speech rhetoric and practice. We analyze data recently released by Google describing the official requests or demands to remove content made to the company by governments around the world between 2010 and 2012. Controlling for Internet penetration and Google’s relative market share in each country, we find that the international trends are not consistent with conventional wisdoms. For example, the United States produces more removal demands based on allegedly defamatory content than most other countries, and vastly more than would be expected from the country responsible for New York Times v. Sullivan. Moreover, despite its reputation for being weak on privacy law, the United States’ removal demands based on privacy are nearly identical to the European Union’s. The results presented in this Article challenge long-held assumptions that American free speech values curb the country’s appetite for censorship. [hide]


Towards a Brighter Fourth Amendment: Privacy and Technological Change
by Joshua S. Levy
16 Va. J.L. & Tech. 502 (2011)   View PDF

This Article seeks to solve the problem of technological change eroding privacy by developing a framework of bright-line Fourth Amendment rules. As technologies such as the Internet become increasingly important in our daily lives, we come to expect less privacy. The Fourth Amendment, which ... [show]
This Article seeks to solve the problem of technological change eroding privacy by developing a framework of bright-line Fourth Amendment rules. As technologies such as the Internet become increasingly important in our daily lives, we come to expect less privacy. The Fourth Amendment, which protects citizens against unreasonable government intrusions, provides increasingly less protection as technology diminishes privacy expectations. Moreover, law enforcement agencies continually develop more sophisticated surveillance technology to spy on private conduct. However, courts are unable to keep up with these rapid technological developments. Technology changes too quickly even for statutory rules, and law enforcement lobbies legislatures to protect less privacy. Also, law enforcement agencies have little incentive to regulate themselves to protect privacy. Therefore, the courts must adopt bright-line Fourth Amendment rules. Given the strictness of such rules, they should only be initially adopted for homes and human bodies, uncontroversial areas that have received longstanding, heightened legal protection. [hide]


Face-Recognition Surveillance
by Douglas A. Fretty
16 Va. J.L. & Tech. 430 (2011)   View PDF

Americans are increasingly monitored with face-recognition technology (FRT), a surveillance tool that allows the state to identify a pedestrian based on a pre-existing database of facial photographs. This Article argues that FRT embodies the fundamental Fourth Amendment dilemmas raised by contemporary digital surveillance and ... [show]
Americans are increasingly monitored with face-recognition technology (FRT), a surveillance tool that allows the state to identify a pedestrian based on a pre-existing database of facial photographs. This Article argues that FRT embodies the fundamental Fourth Amendment dilemmas raised by contemporary digital surveillance and will serve as a harbinger for the Amendment’s future. FRT cases will test whether people retain a reasonable expectation of privacy in their identities when they move in public, and whether the aggregation of information about a person’s movements amounts to an unreasonable search. Further, the suspicionless identification of pedestrians will test whether a seizure can occur without the government’s halting a person’s locomotion, and whether the probable-cause standard is offended by FRT software’s substantial false-positive rate. The compiling of photo databases should also push courts to decide whether the third-party disclosure doctrine is tenable in an age when Americans routinely disclose personal information to ISP providers. [hide]


Foreground and Background in Cybercrime
by Jonathan J. Rusch
16 Va. J.L. & Tech. 361 (2011)   View PDF

In their recent article, Virtual Crimes – Real Damages?, Fernando Pinguelo and Bradford Muller presented what they termed “a primer on [c]ybercrimes [i]n [t]he United States and [e]fforts to [c]ombat cybercriminals.” While their article provided a tour d’horizon of computer-related threats and general characteristics ... [show]
In their recent article, Virtual Crimes – Real Damages?, Fernando Pinguelo and Bradford Muller presented what they termed “a primer on [c]ybercrimes [i]n [t]he United States and [e]fforts to [c]ombat cybercriminals.” While their article provided a tour d’horizon of computer-related threats and general characteristics of cybercriminals, as well as a useful compendium of statutes, it did not present a complete picture of the nature and scope of current cybercrime threats and available responses. This Article provides a narrower and more discriminating focus on the specific types of behavior characteristic of persons who commit specific types of cybercrime and the specific types of prevention measures necessary to reduce the effects of those cybercrime types. It also emphasizes the importance of focusing on the broader background of cybercrime, i.e., cybercrime threats and responses that extend beyond the borders of the United States. [hide]


What the Cops Can't Do, Internet Service Providers Can
by Steven R. Morrison
16 Va. J.L. & Tech. 253 (2011)   View PDF

Legal rules have emerged that limit the State‟s right to search the contents of emails as they exist on Internet Service Providers‟ networks. Much attention has been paid to these rules, and they will continue to develop. What the State can‟t do, however, Internet ... [show]
Legal rules have emerged that limit the State‟s right to search the contents of emails as they exist on Internet Service Providers‟ networks. Much attention has been paid to these rules, and they will continue to develop. What the State can‟t do, however, Internet Service Providers can. As private actors with incentives to search their users‟ email contents, ISPs can legally search some of the most personal online communication we engage in. ISPs ought to be limited in their right to search email contents. In this article, I discuss the problem of ISP searches and possible solutions. I present three ways to address this problem: through statutory law, through constitutional judicial rulings, and through subconstitutional judicial rulings, specifically in tort. I conclude that a hybrid approach including statutory law and common law (either constitutional or otherwise) is the best way to ensure people‟s privacy interests and keep the law current. The last section of this article presents a model for a judicial ruling or statute that would protect users‟ email contents from being searched by ISPs. Of all possible solutions, the most legally tenuous one is to issue a constitutional judicial ruling that holds that ISPs are state actors. I take on this particular challenge in detail, arguing that the public function,entwinement, and assumption of risk doctrines all enable courts to conclude that the Fourth Amendment should limit ISPs. ISPs currently search the contents of users‟ emails, have incentives to increase this practice, and work closely with law enforcement during these searches. With some exceptions, which I discuss, ISPs should not be able to invade users‟ privacy in this way. The issue presented in this article is a small part of a large paradigm shift that is taking place in criminal procedure law today. This paradigm shift has been brought about by the advent of computers and the Internet, and it is doubtful that the law is keeping pace with new technologies. Whenever possible, therefore, courts ought to begin to make precedent-setting rulings in this field. Although courts and statutes have addressed the right of government agents to search email contents, this article is the first to propose that ISPs be treated as state actors for that purpose. [hide]


Cyberstalking and the Internet Landscape We Have Constructed
by Merritt Baer
15 Va. J.L. & Tech. 154 (2010)   View PDF

Criminalizing behavior online will necessarily test constitutional rights in novel ways; cyberstalking, as a crime of accumulated words, overtly challenges the First Amendment. This article shows the disconnect between the rationale for criminalizing cyberstalking and the application and enforcement of statutes addressing stalking online. The multidimensional harms in cyberstalking ... [show]
Criminalizing behavior online will necessarily test constitutional rights in novel ways; cyberstalking, as a crime of accumulated words, overtly challenges the First Amendment. This article shows the disconnect between the rationale for criminalizing cyberstalking and the application and enforcement of statutes addressing stalking online. The multidimensional harms in cyberstalking force us to transcend a kinetic-world framework and recognize that the Internet is not merely a new medium for speech but rather a space in which actions occur. Because patterns of victimization create dynamics of domination, cyberstalking’s impact inserts itself into and molds the Internet landscape. This article argues for a consistent set of legal tools selected for their correlation to our ethical borders and our sense of where the damage from cyberstalking lies. To accomplish this end, Internet citizens will need to choose a coherent set of values to live by online. [hide]


Tinker's Facebook Profile: A New Test for Protecting Student Cyber Speech
by Bryan Starrett
14 Va. J.L. & Tech. 212 (2009)   View PDF

This Article examines the unique legal nature of student cyber speech, particularly concentrating on social networking websites such as Facebook. Beginning with Tinker v. Des Moines Independent Community School District, the Supreme Court issued a series of rulings designed to protect student speech while ... [show]
This Article examines the unique legal nature of student cyber speech, particularly concentrating on social networking websites such as Facebook. Beginning with Tinker v. Des Moines Independent Community School District, the Supreme Court issued a series of rulings designed to protect student speech while still allowing public schools to limit student speech in certain circumstances. These cases, however, did not contemplate the modern world of student speech, in which websites like Facebook are an everyday tool of communication for today’s students. Modern courts have struggled to apply Supreme Court precedent to student cyber speech, and have done so inconsistently. This Article offers a new test for analyzing student cyber speech. Unlike proposals from other commentators, the proposed test effectively adheres to the aims of Tinker and its progeny while maintaining the flexibility necessary to analyze the ever-changing world of Internet speech. [hide]


The Regulatory, Economic, and Privacy Implications of Pharmacogenomics
by Patricia M. Festin
10 Va. J.L. & Tech. 2 (2005)   View PDF

The Human Genome Project was a seminal achievement that launched a revolution in science. This revolution is significantly impacting the pharmaceutical industry and drug discovery research. Pharmacogenomics—the study of how genetic differences influence the variability in patients' responses to drugs—complicates our understanding of the ... [show]
The Human Genome Project was a seminal achievement that launched a revolution in science. This revolution is significantly impacting the pharmaceutical industry and drug discovery research. Pharmacogenomics—the study of how genetic differences influence the variability in patients' responses to drugs—complicates our understanding of the economic, regulatory, and policy issues that plague both the pharmaceutical industry and the social and legal mechanisms governing drug-related health care. This Article surveys the debate surrounding these challenges. [hide]


Cybercrime Metrics: Old Wine, New Bottles?
by Susan W. Brenner
9 Va. J.L. & Tech. 13 (2004)   View PDF

If we had them, cybercrime metrics could be used to identify and parse how cybercrime differs from real-world crime in its commission and in its effects. Metrics are standards we use to assess the harms resulting from a category of outlawed conduct. ... [show]
If we had them, cybercrime metrics could be used to identify and parse how cybercrime differs from real-world crime in its commission and in its effects. Metrics are standards we use to assess the harms resulting from a category of outlawed conduct. We have metrics for real-world crime: ad hoc indices we have evolved over centuries of experience with physically-based crime. But real-world metrics do not apply to technologically-mediated crime, as it differs in the methods that are used in its commission and in the nature and extent of the harms it produces. We need cybercrime metrics to track the damage it inflicts and to develop strategies for dealing with it. This article takes the first step by analyzing cybercrime and identifying the distinct issues cybercrime metrics need to capture. [hide]


Wargames, Wardialing, Wardriving, and the Emerging Market for Hacker Ethics
by Patrick S. Ryan
9 Va. J.L. & Tech. 7 (2004).   View PDF

A wardriver gets in her car and drives around a given area. Using her laptop, freely available software, a standard Wi-Fi card, and a GPS device, she logs the status and location of wireless networks. The computer generates a file and records networks ... [show]
A wardriver gets in her car and drives around a given area. Using her laptop, freely available software, a standard Wi-Fi card, and a GPS device, she logs the status and location of wireless networks. The computer generates a file and records networks that are open and networks that are closed. Once the data is collected, the wardriver may denote an open network by using chalk to mark a sign on a building, called “warchalking,” or she may record the location on a digital map and publish it on the Internet. This article will explain the roots of the term “wardriving,” and the cultural phenomenon of the 1983 Hollywood movie WarGames that gave birth to the concept more than 20 years ago. Moreover, this article will show that the press has often confused wardriving with computer crimes involving trespass and illegal access. There are inconspicuous ethical shades to wardriving that are poorly understood, and to date, no academic literature has analyzed the legality of the activity. This article will argue that the act of wardriving itself is quite innocuous, legal, and can even be quite beneficial to society. It will also highlight the need for wardrivers—and for anyone accessing open networks—to help establish and adhere to strict ethical guidelines. Such guidelines are available in various proposal-stage forms, and this article will review these ethics within the context of a larger movement among hackers to develop a coherent ethical code. [hide]


The Wiretap Act and Web Monitoring: A Breakthrough for Privacy Rights?
by Yonatan Lupu
9 Va. J.L. & Tech. 3 (2004)   View PDF

As Web sites have sought to distinguish themselves from their competitors in recent years, many Web site operators have turned to Web monitoring devices, such as cookies, as a means of customizing the sites to the individual user. Third-party businesses are increasingly performing this ... [show]
As Web sites have sought to distinguish themselves from their competitors in recent years, many Web site operators have turned to Web monitoring devices, such as cookies, as a means of customizing the sites to the individual user. Third-party businesses are increasingly performing this type of monitoring as a service to Web sites, by placing their own code into their client site’s code, collecting the data using their own servers, and then processing the data into aggregate statistics or even personalized profiles of visitors. The benefits afforded by this technology, however, are tempered by its capacity to capture – intentionally or unintentionally –personal information without notifying the average user. To protect their online privacy, individuals have relied on the Electronic Communications Privacy Act (ECPA), which allows for a private right of action against certain interceptions of electronic communications. However, the ECPA provides an exception for the interception of communications when a party to the communication has consented to the interception. Consequently, privacy challenges to the use of cookies routinely failed when the Web site operator had consented to the electronic interception of the cookie by third-party businesses. The First Circuit’s decision in In re Pharmatrak, however, revived this argument and seemed to indicate an increased willingness to limit the use of Web monitoring devices. Nonetheless, as this article concludes, this decision is limited to its relatively unusual facts and is therefore likely to do little to affect all but the most malicious and disreputable Web monitors. [hide]


Genetically Enhanced Arachnids and Digitally Altered Advertisements: The Making of Spider-Man
by Rebecca J. Brown
8 Va. J.L. & Tech. 1 (2003)   View PDF

It may be the ultimate in fiction. A comic book character born in sketches, bred in periodic installments, brought to life on the streets of Manhattan. He shoots a web from his wrists so strong and sticky that he can use it to swing ... [show]
It may be the ultimate in fiction. A comic book character born in sketches, bred in periodic installments, brought to life on the streets of Manhattan. He shoots a web from his wrists so strong and sticky that he can use it to swing effortlessly from building to building. He annihilates the ultimate insane villain — who incidentally travels on a hovering glider that fires pumpkin-bombs — and delivers the city of New York from evil. The means by which he attained his heroic strengths are arguably even more incredible: he was bitten by a genetically enhanced super-spider. [hide]


Going Public: Diminishing Privacy in Dispute Resolution in the Internet Age
by Orna Rabinovich-Einy
7 Va. J.L. & Tech. 4 (2002)   View PDF

It is evident to all who are living through the unfolding information revolution that the contemporary world is being transformed by it; new resources are available, old relationships have been altered, balances are shifting, and a new order is in formation. One important outcome ... [show]
It is evident to all who are living through the unfolding information revolution that the contemporary world is being transformed by it; new resources are available, old relationships have been altered, balances are shifting, and a new order is in formation. One important outcome of the ubiquity of information and ease of access, duplication, and transmission of data is the emergence of a more transparent society. This process challenges conventional distinctions between public and private, transparency, and opacity. Personal information about individuals is becoming increasingly public, while the privatization of such public social and legal institutions as dispute resolution is being expedited by new technologies. The pace of technological change is swifter than that of social and individual attitudes. People still attach significance to informational privacy, and institutions – governmental and corporate – still protect the opacity of their workings. But it is already possible to observe the way in which the Internet is eroding these mindsets. We can expect the emergence in the foreseeable, if not immediate, future of a society in which greater transparency and looser attitudes toward privacy will predominate. [hide]


Carnivore: US Government Surveillance of Internet Transmissions
by E. Judson Jennings
6 Va. J.L. & Tech. 10 (2001)   View HTML    

Notwithstanding dire predictions, the year 2000 brought few disasters directly caused by technology. The year 2000 did bring from the U. S. Federal Bureau of Investigation official disclosure of a technology project called Carnivore, which enables properly authorized agents to utilize technology to ... [show]
Notwithstanding dire predictions, the year 2000 brought few disasters directly caused by technology. The year 2000 did bring from the U. S. Federal Bureau of Investigation official disclosure of a technology project called Carnivore, which enables properly authorized agents to utilize technology to intercept, filter, seize, and decipher digital communications on the information autostrada known as the Internet. Depending upon the precise manner in which this new technology is implemented, Carnivore may entail the compelled disclosure of encryption keys that could not be independently recovered. In any event, Carnivore will certainly intercept many millions of private communications among individuals who have violated no laws, and in many cases will obtain information about such individuals with neither their knowledge nor their consent. Since the Internet is global, many of these individuals will be citizens of other nations who have no physical presence in the United States. [hide]


Internet Publication: The Case for an Expanded Right of Publicity for Non-Celebrities
by Jennifer L. Carpenter
6 Va. J.L. & Tech. 3 (2001)   View HTML    

In 1995, an organization of anti-abortion protestors called the American Coalition of Life Activists (ACLA) began compiling the “Nuremberg Files,” a collection of pictures and personal information about abortion clinic doctors and staff. The group claimed to be keeping the Files “in anticipation ... [show]
In 1995, an organization of anti-abortion protestors called the American Coalition of Life Activists (ACLA) began compiling the “Nuremberg Files,” a collection of pictures and personal information about abortion clinic doctors and staff. The group claimed to be keeping the Files “in anticipation of a day when doctors who performed abortions would be put on trial for murder.” The Files contained identifying information on each doctor, including pictures, home address, phone number, children’s names, license plate numbers, and driving route to work. Neal Horsley, a member of ACLA, posted the Nuremberg Files on the Internet with a message that the doctors “must be brought to justice.” The names of active abortion providers were displayed on Horsley’s website in black, the names of those who had been wounded in incidents of anti-abortion violence were written in gray, and the names of those who had been killed by anti-abortion protesters were crossed out; all of the names on the site were surrounded with dripping blood. [hide]


Personalization, Privacy, and the First Amendment: A Look at the Law and Policy Behind Electronic Databases
by Jennifer Bresnahan
5 Va. J.L. & Tech. 8 (2000)   View HTML    

Personalization is the latest darling of the business world. Companies are directing considerable energy and resources to the goal of knowing and serving customers on an individual basis. By pooling the data they collect with that of other companies and the United ... [show]
Personalization is the latest darling of the business world. Companies are directing considerable energy and resources to the goal of knowing and serving customers on an individual basis. By pooling the data they collect with that of other companies and the United States government, companies can create highly-detailed “personality profiles” on individual consumers that they store in computer databases for use in marketing and advertising. Ironically, the more sophisticated these database personalization programs become, the more uncomfortable they make many consumers. Individuals can scarcely make a move these days without it being scrutinized and recorded by watchful companies. To many privacy advocates, the use of personality profiles for direct marketing invades consumers’ privacy rights. Yet, companies compiling and using the databases also have rights. One such right is the First Amendment’s Protection of commercial speech. [hide]


Between Big Brother and the Bottom Line: Privacy in Cyberspace
by Seth Safier
5 Va. J.L. & Tech. 6 (2000)   View HTML    

On January 25, 1994, in the prepared text of his first State of the Union Address, President Clinton declared, We must work with the private sector to connect every classroom, every clinic, every library, and every hospital in America to a national information superhighway ... [show]
On January 25, 1994, in the prepared text of his first State of the Union Address, President Clinton declared, We must work with the private sector to connect every classroom, every clinic, every library, and every hospital in America to a national information superhighway by the year 2000. Instant access to information will increase productivity, help educate our children, and provide better medical care and create jobs, I call on Congress this year to pass legislation to establish the information superhighway. In the speech, President Clinton formally introduced the population to what academics, computer scientists, techies and digerati call "Cyberspace and the Information Age." Over six years later, as the technology at the heart of the "information superhighway" continues to develop at exponential rates, cyberspace, the information age, and the information superhighway are not so easily defined, established or developed, nor technically or sociologically understood. [hide]


The Process that "John Doe" is Due: Addressing the Legal Challenge to Internet Anonymity
by David L. Sobel, Electronic Privacy Information Center ("EPIC")
5 Va. J.L. & Tech. 3 (2000)   View HTML    

Over the past few years, the Internet's popularity has increased dramatically. The ease with which online users can communicate with each other, view information, and conduct commercial transactions have been among the main attractions of the medium. Anonymity -- the ability to conceal one's ... [show]
Over the past few years, the Internet's popularity has increased dramatically. The ease with which online users can communicate with each other, view information, and conduct commercial transactions have been among the main attractions of the medium. Anonymity -- the ability to conceal one's identity while communicating -- has also been an appealing characteristic for a majority of Internet users. Individuals are able to post to message boards, converse in chatrooms, and visit informational sites while keeping their identities private. This anonymity allows the persecuted, the controversial, and the simply embarrassed to seek information -- and disseminate it -- while maintaining their privacy and reputations in both cyberspace and the material world. [hide]


Avoiding Intellectual Trespass in the Global Marketplace: Encryption & Privacy in E-commerce
by David Bender & Danice M. Kowalczyk (White & Case, New York, NY)
5 Va. J.L. & Tech. 2 (2000)   View HTML    

From the doorstep of the new Millennium, one can see across the threshold to the rapidly expanding territory of e-commerce. E-commerce is not limited to mere web shopping. It includes, among other things, online securities transactions, buying and downloading software, and business-to-business transactions. The ... [show]
From the doorstep of the new Millennium, one can see across the threshold to the rapidly expanding territory of e-commerce. E-commerce is not limited to mere web shopping. It includes, among other things, online securities transactions, buying and downloading software, and business-to-business transactions. The growth of e-commerce has signaled extensive changes in the way domestic and international business is conducted. Domestically, e-commerce has harkened the emergence of a great chasm between two economies: Old Economy industries, often characterized by slow growth in investment, productivity, profits and pay, versus New Economy Net companies with growing options and opportunities. Internationally, e-commerce exists within an unpredictable and non-uniform legal framework. Indeed, it is the non-existence of a global legal and regulatory framework which some Net content providers and regulatory experts predict will be the next real hurdle for the e-commerce industry. At the forefront of this legal scene is the conflict between the United States’ view and the European Union’s view regarding privacy and the extent of legal protection afforded personal information. [hide]


Canning "Spam" in Virginia: Model Legislation to Control Junk E-mail
by Kenneth C. Amaditz
4 Va. J.L. & Tech. 4 (1999)   View HTML    

Every new technology spawns its own monsters, and electronic mail ("e-mail") is no exception. Aside from e-mail obscenity, the technology's most notorious monster may well be unsolicited bulk commercial e-mail, known in the Internet community by the pejorative term "spam." Marketers that send spam ... [show]
Every new technology spawns its own monsters, and electronic mail ("e-mail") is no exception. Aside from e-mail obscenity, the technology's most notorious monster may well be unsolicited bulk commercial e-mail, known in the Internet community by the pejorative term "spam." Marketers that send spam -- "spammers" -- have been called "roaches," the "bottom feeders" of cyberspace, and "the bane of the Internet."The retaliation to spamming has been astonishing. Spammers have been hit by a wicked backlash that has included massive volumes of consumer complaints, vigilante action, and a spate of anti-spam litigation. [hide]


"Don’t Ask, Don’t Tell"; A Discussion of Employee Privacy in Cyberspace in Light of McVeigh v. Cohen, et al.
by Clifford T. Karafin, Esq.
3 Va. J.L. & Tech. 7 (1998)   View HTML    View PDF

Did you think you could leave your home without the risk of having your secrets known to your employer, your loved ones, or the public at large? Do you believe that there are still any vestiges of privacy to be coveted when the door ... [show]
Did you think you could leave your home without the risk of having your secrets known to your employer, your loved ones, or the public at large? Do you believe that there are still any vestiges of privacy to be coveted when the door of your home closes behind you? The answer to both questions, I’m sorry to say, is no. It did not happen because of an act of Congress; the courts did not provide the government with a new window to see inside of our homes. What happened was that a purveyor of the right of passage into the communications frontier of the 90’s, a.k.a. the World Wide Web, unmasked an unwary traveler cloaked in a thin veil of anonymity. [hide]


Windows Nine-to-Five: Smyth v. Pillsbury and the Scope of an Employee's Right of Privacy in Employer Communications
by Rod Dixon
2 Va. J.L. & Tech. 4 (1997)   View HTML    View PDF

By any measure, the impact of computer communications technology on the workplace is difficult to exaggerate. Recent and rapid proliferation of desktop computers has led to an enormous increase in both the amount and importance of electronic communication. Estimates are that employees will send ... [show]
By any measure, the impact of computer communications technology on the workplace is difficult to exaggerate. Recent and rapid proliferation of desktop computers has led to an enormous increase in both the amount and importance of electronic communication. Estimates are that employees will send over 60 billion electronic messages per year by the year 2000 through electronic-mail systems. Notwithstanding the impressive advancements in computer communications, rather than solving all of our communication problems, this technology has created many new problems and, in some instances, increased the severity of old ones. Due to the pervasiveness of computer technology in the workplace, serious questions have arisen concerning whether this technology presumptively may limit an employee’s right of privacy. [hide]




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