A tale of two internet service providers

Abstract

Most ISP supervisors are aware they possess legal rights to monitor employees' Internet use. Laws such as the federal Electronic Communications Protection Act generally allow employer's great leeway to monitor employees' computer use. Yet few ISP supervisors are aware that some courts are in the process of creating a legal duty for employers to monitor their workers. Two cases in the past two years, Doe v. XYC Co. in New Jersey and Delfino v. Agilent Technologies, Inc. in California, demonstrate the increasing importance of properly managing workers' use of the Internet. This article will discuss the facts of these two cases and the relevant legal doctrines. In the first case, XYC Co. made serious mistakes and exacerbated its legal exposure, while in the second case, Aligent's prompt action allowed it to resolve its problems. Both cases provide important lessons in how to manage this imminent legal risk.