Last updated July 27, 2001
It is likely that about one out of four large companies systematically monitors the computer, internet, or email use of its employees. There are over fifty different products available today that will let employers see what their employees do at work on their "personal" computers, in their email, and on the internet.
But what do such numbers really mean? What does employer monitoring of employee email, internet, and computer usage actually look like? What sorts of things can an employer see employees do at their computers, and what sorts of computer activities are currently invisible to workplace monitoring? These admittedly sketchy notes attempt to show, as concretely as possible given a minimum of technical terminology, what "employee monitoring" of internet and computer usage looks like: its extent, the key companies involved, the forces driving its adoption, some important distinctions between different types of monitoring products, and some possible future trends.
Acknowledgment (Back to top)
A shorter version of this paper was presented at a conference in Hong Kong on "E-Privacy in the New Economy", hosted by the Office of the Privacy Commissioner for Personal Data, Hong Kong SAR. Privacy Commissioner Mr. Stephen Lau's permission to re-use the paper is gratefully acknowledged.
Earlier versions of this paper have appeared in, or will be appearing in: Corporate Governance International (Hong Kong), e-law asia (Hong Kong), and Privacy Law and Policy Reporter (Australia).
How much computer and internet monitoring is there, really? (Back to top)
The following section is largely superseded by a report from the Privacy Foundation (US), "The Extent of Systematic Monitoring of Employee E-mail and Internet Use" (9 July 2001). The study found that 14 million employees in the US, or about 1/3 of the online workforce (that is, those employees with regular internet access at work), have their web surfing or e-mail monitored using a product like Websense or MIMEsweeper. Globally, the figure is about 27 million, or about 1/4 of the global online workforce. The report received extensive press coverage; for example:
A much-quoted recent survey by the American Management Association (AMA) found that over three-quarters of major US firms record and review employee communications and activities on the job ("More Companies Watching Employees, American Management Association Annual Survey Reports" [18 April 2001]; see also "2001 AMA Survey: Workplace Monitoring & Surveillance: Summary of Key Findings").
It is important to note that the AMA study includes monitoring of telephone use (43% of respondent firms), voice mail messages (7%), and video surveillance for security purposes (37%). In this paper, I'll be focusing almost entirely on the monitoring of computer, internet, and email use. Even here, though, the AMA numbers are staggering:
However, a closer look at the AMA report reveals that "Most respondent firms carry on surveillance practices on an occasional basis in the manner of spot checks rather than constantly or on a regular routine." Systematic, constant or routine monitoring is usually what the word "monitoring" evokes, yet few citations of the AMA study have emphasized the point that most of the AMA's figures represent spot checks rather than full-scale surveillance.
The notion that such large-scale monitoring of computer, email, and internet use is really taking place seems to be contradicted by the state of the employee-monitoring (EM) industry. Companies monitoring employees -- in the sense of systematic surveillance, rather than random spot checks, or ad hoc responses to a specific situation -- presumably do so using commercial EM software. Yet the EM business, while growing, does not report the revenue figures or market penetration one might expect from the AMA survey, or at least from the way that the AMA survey is typically quoted.
One of the best ways to understand the scope of workplace surveillance is to look at the market for employee-monitoring products. Perhaps the largest EM company (though not the largest company involved in the EM business), Websense (Nasdaq:WBSN), recently reported its subscription-based revenues for Q1 2001 were $6.7 million (all figures are in $US), representing more than 8.25 million worldwide customer "seats," pre-paid on a subscription basis ("Websense Inc. Announces First Quarter 2001 Results, Reports Strong Visibility, Progress Toward Profitability", April 24, 2001).
Aside from indicating that Websense apparently makes as little as $3.25 per monitored employee per year (though, as noted below, the company itself estimates an average cost to employers of $15 per employee), the coverage of 8.25 million workers worldwide by perhaps the largest EM vendor is hardly consistent with the notion that most employees with computers at "large" companies in the US are constantly surveilled. At the same, the 8.25 million figure -- which includes Websense's recent largest-sale ever, 200,000 subscriptions to the US Army, for $1.8 million -- is obviously very significant, and provides a useful starting point for understanding the true scope of employee monitoring.
The 8.25 million figure is an overestimate for the number of employees monitored using Websense, because, in its default configuration, this product merely blocks certain web sites, and does not keep any record of attempts to visit these sites, much less of successful visits to non-blocked sites. It is the recording, rather than the blocking, that would constitute monitoring or surveillance. Websense has a separate module, Websense Reporter, which records all web accesses (not only attempted accesses blocked by Websense, but also all non-prohibited web surfing) -- and, significantly, 70% of Websense's customers choose to install this Reporter module, according to a company spokesperson. So instead of 8.25 million workers monitored by Websense, we have perhaps 5.75 million.
(On the other hand, the same Websense spokesperson noted at a different time that "Since many of Websense's customers are mid-to-large size companies, they generally do not drill down to the employee level. They're not concerned with individual Internet use as much as they are concerned with department Internet use. Our research shows that our customers run reports to find internal Internet use trends.")
Curiously, another large EM company, SurfControl (Easdaq:SRFC; London:SRF) says in its 2000 annual report that the Corporate Internet Access Control (CIAC) market has less than 1% penetration. Revenues for the SurfControl product in the year 2000 were about $8.75 million, about 3/4 from the US; its average order is $4,500 ("SurfControl sales rocket by 200%", The Register, 5 April 2001). Clearly, not all of this was for SurfControl's business products, the SuperScout Web Filter and SuperScout Email Filter; SurfControl also has CyberPatrol for the home and educational markets.
Perhaps SurfControl's 1% figure is meant to emphasize the potential for growth. Indeed, another widely-cited study, by International Data Corp., maintains that the EM market should grow at an annual growth rate of 55% (International Data Corp., "Employee Internet Management" [Sponsored by Websense]) -- a figure clearly inconsistent with the nearly-saturated market implied by the notion that three-quarters of employers already engage in this type of surveillance.
Or, perhaps employers don't really need products such as SurfControl or Websense to monitor their employees. Some could be using standard Unix or Linux tools such as syslog (see the section on "Log files and other forms of monitoring" in Kurt Seifried, "Linux Administrator's Security Guide", 1999). It's worth noting that many cases of employees fired or suspended for "inappropriate" internet or email use (see the "Job Loss Monitor" maintained by the Privacy Foundation's Workplace Surveillance project) have not involved systematic monitoring.
For example, an article on the firing or suspension of twenty state employees in South Dakota notes that the state government "doesn't have any systematic filtering or monitoring system in place to keep tabs on its 13,000 employees. The current investigation has relied on one Web log report of the 100 users with the most hits over a three-week period" (Jeffrey Benner, South Dakota: Fire, Don't Filter", Wired News, 7 June 2001). Similarly, an in-depth account of 20 New York Times workers fired for sexually offensive emails notes that "the investigation started with something far more mundane: old-fashioned snail mail" (Ann Carns, "Bawdy email backfires on NYT staff", Wall St. Journal, 4 Feb. 2000).
As a counterexample, though, an article on 40 Xerox workers fired for surfing forbidden web sites states that they were "nabbed not by managers or fellow employees but by software designed to monitor their online indiscretions. The software recorded every Web site they had visited (many of which, it turned out, were related to shopping or pornography) and every minute they had spent at those sites.... they were not the only ones being subjected to the watchful eye of the monitoring software. In fact, the Web use of every one of Xerox's 92,000 employees -- in countries around the world -- is routinely monitored by the company" (Lisa Guernsey, " On the Job, the Boss Can Watch Your Every Online Move, and You Have Few Defenses", New York Times, 16 December 1999). Indeed, Mike Gerdes, manager of information security at Xerox, has been quoted in the press several times on the subject of employee monitoring (e.g., "CyberSlacking", Newsweek, 29 November 1999), but declines to specify the products used.
Still, it's important to keep a clear distinction between systematic monitoring on the one hand, and ad hoc investigations or spot checks on the other.
Taking Websense's perhaps 5.75 million monitored seats, figuring a similar figure for SurfControl (see below), and adding in the other publicly-traded companies with EM products -- Telemate.Net (TMNT), Elron (ELRN), Tumbleweed (TMWD), N2H2 (NTWO), and Baltimore Technologies (BALT) -- plus the several dozen smaller companies with EM products, we are probably talking about 20 to 25 million employees worldwide whose internet, computer, and email usage is being tracked in the constant way that the word "surveillance" usually conveys. (Jupiter Research has reported that 43 million workers in the US currently have online access, and that the US represents about one-third of the global internet population.)
All in all, it seems most reasonable to say that perhaps as many as one-quarter of employers monitor the computer and internet use of their employees.
Indeed, a recent survey by the office of the Privacy Commissioner for Personal Data (Hong Kong) found that 27% of responding organizations monitor employee computer use, 23% monitor web browsing, and 21% monitor employee email (Private Thoughts: Newsletter of the PCPD, August 2000). On the other hand, the Hong Kong survey did not specify whether "monitor" included spot checks in addition to systematic monitoring; it did however refer to "devices for monitoring," perhaps as distinct from a spot- check perusal of an employee's computer in response to a specific suspicion.
Some additional data points:
It is also clear that employee monitoring is growing. For example, while Websense currently claims 8.25 million "seats," as recently as July 2000 it claimed only 5.4 million, and for July 1999, only 3.3 million (see "Websense Inc. Announces Second Quarter 2000 Financial Results", 25 July 2000).
Almost every month, a new vendor seems to enter this market. The number of effected workers could also jump dramatically if Microsoft, for example, decided to "integrate" (i.e., bundle) employee-monitoring capabilities into future versions of its operating systems (Microsoft already promotes a long list of "reporting" and "access control" partners for to its Internet Security & Acceleration Server; see "Partners: Reporting" [3 May 2001] and "Partners: Access Control" [3 May 2001]).
Important distinctions (Back to top)
Having already noted the distinction between spot checking on the one hand, and systematic monitoring on the other, several additional important distinctions should be made when discussing employee monitoring:
There are numerous reasons, both good and bad, for employers to monitor the personal-computer (PC) and internet activities (including email and web surfing) of employees. Two of the driving forces behind this monitoring are simply the decreased cost and increased ease of use of workplace-surveillance software. Amusingly, some of these products were originally intended for parents and schools to monitor the online activities of children ("nannyware"), or for spouses to monitor each other ("adulteryware"; see "Snoop software: Unhealthy at home?" [MSNBC, 9 May 2001]). Could this be what businesses mean when they describe their workforce as "part of the family"?
Employers can monitor the PC and internet activities of employees either by intercepting data in "real time" (which also allows prohibited activities to be blocked or filtered) or by inspecting stored data, after the fact.
Employers can install interception devices on the PC used by the employee, and/or on the network. Where the employer plants this "bug" or "wiretap" (as it were) determines the sort of information that the employer can gather.
Software installed on an employee's PC, such as WinWhatWhere Investigator or Webroot WinGuardian, can capture the keystrokes (even deleted ones) that an employee types; it can also "see" what the user does in programs, such as Microsoft Word, that are located on the PC. In contrast, products installed on the network, such as eSniff or SurfControl, are best for monitoring employee email and web surfing -- and are certainly more suitable if the employer wants to monitor the activities of a large group of users at the same time. Some programs (such as Trisys Insight) take a hybrid approach, installing a small "agent" program on the PC that communicates with the main program, installed on the network.
An employer primarily interested in monitoring employee productivity, for example, might prefer a very different type of surveillance device from an employer whose main concern is, say, preventing (or at least detecting) sexual harassment in the workplace. Detecting trade-secret leakage may require different technology from preventing visits to web sites that specialize in pornography or gambling.
Another way to monitor employees is to examine stored data. This might include perusal of log files maintained by the employer's proxy server, or it might be as simple as the human resources (HR) department using a web search engine to see if they can find out anything about the personal web postings of employees or prospective employees.
Employee surveillance software can employ different "triggers" when determining whether to raise an alert. Some products scan all emails for certain keywords, much as Echelon and the US FBI's Carnivore were reported to do. Others check all attempted web accesses against a list of unapproved sites. Some vendors claim that their products use "artificial intelligence" or "neural networks" to spot problems (i.e., "given this piece of email I don't like, figure out all the other emails I won't like, and block them"). Some products simply log all employee activities in excruciating detail, and leave it to a human (or perhaps another program) to figure out which items, if any, are cause for concern.
Many (and possibly most) of these products, in addition to monitoring (that is, recording entries in a log file), proactively block or filter, for example refusing to establish a connection with a pornographic web site, or refusing to allow the sending of an email with a viral attachment. Issues of censorship and free speech (or rather, freedom to receive speech) have been raised regarding these products, for example when installed at public libraries or public schools in the US.
The privacy concern, however, involves the monitoring rather than the blocking/filtering aspect of these products, which can, over time, assemble a comprehensive profile of an employee's web surfing, email, applications, and so on, all associated with the employee's identity (such as a workstation ID assigned by the employer).
Some worrisome implications:
Why monitor employees? (Back to top)
There are numerous reasons why employers might monitor the computer and internet activities of employees, but all these reasons should address the following two questions:
As the HIPPA example suggests, some employers are essentially required to monitor employees. To take another example, some form of employee monitoring would seem to be required for compliance with US Securities and Exchange Commission (SEC) record-keeping rules 17a-3 and 17a-4, and with amendments to NASD rules 3010 (supervision) and 3110 (books and records) (see "NASDR Adopts Rule Amendments Regarding Public Correspondence", 17 April 1998: "NASD expects members to prohibit correspondence with customers from employees' home computers or through third-party systems unless the firm is capable of monitoring such communications"). This is reflected in the AMA survey, which shows much higher monitoring in the financial sector than in any other. Some products, such as the SRA Assentor email-monitoring product, specifically target financial institutions (SRA has also built a product that Nasdaq uses to monitor stock chat boards).
Monitoring may also be necessary to reduce a sexually or racially "hostile environment" in the workplace, which is at least arguably a privacy issue (but see, for example, the argument against overbroad use of the term "privacy" in Raymond Wacks, Law, Morality, and the Private Realm [Hong Kong University Press, 2000]).
The following is a list, in no particular order, of some concerns that have been related to employee monitoring:
PC and internet monitoring: driving forces (Back to top)
Indeed, employee-monitoring software may sometimes be installed, less with a clear purpose of enforcing specific policies and managing specific risks, and more because the software is "there": readily available, at an apparent low cost:
This apparent low cost is probably driving the adoption of employee monitoring in the same way that the low cost of cameras has promoted increased use of visual surveillance.
In a sense, we're dealing here with the technical possibility of "Carnivore on the Desktop": ubiquitous, fine-granularity surveillance in the hands of every employer. On the other hand, it is crucial to recall the figures given earlier: right now probably no more than 25 percent of employers systematically monitor their employees.
As noted earlier, some of the "spy on your employees" products started off life as "cybernanny" products for the home/school market. Having difficulty selling to schools and consumers, many of these companies looked around to see what else they could do with their cybernanny products, and realized that other businesses might be a better market. As the head of Websense has noted, "After four years, they all realized schools don't have much money to spend"; the head of N2H2 agrees: "Most of them have left education and are now gearing toward the business enterprise market" (quoted in "Desk Top Cops", Internet World, 15 August 2000). Thus, another driving force behind employee monitoring is this attempted transition from the consumer/education to the corporate market.
Companies are gradually realizing that the whole idea of a "personal computer" creates workplace problems. Especially with essential resources increasingly located on the internet rather than on the PC, there is perhaps a trend to treat the PC more as a centrally- administered terminal than as a "personal computer." IT departments may see employee monitoring as a way to regain some control over the desktop. If so, there is a danger that technical considerations may end up being allowed to drive policy. One interesting question is whether IT departments, rather than HR, are generally being left responsible for employee monitoring.
Client-based vs. server-based interception (Back to top)
All available employee-monitoring products are essentially programs that report on (and in some cases constrain) how you use other programs. Having installed an employee-monitoring program, an employer can -- depending on the type of program -- see how much time employees (individually and/or in aggregate) spend playing Solitaire, or what web sites they visit, or even read email messages that they typed but then deleted and didn't send. The employer may also be able to prevent employees from visiting certain web sites, or from sending or receiving certain emails.
One way to understand these products is to consider where they are installed. There are basically two types: server-based monitors, designed to be installed on the employer's network; and client-based monitors, designed to be installed right on the personal computer (PC) used by the employee.
First, we'll look at the network (server), then at the PC (client). To see the difference, let's imagine a typical employee, whiling away the time playing Solitaire. Wes Cherry, the Microsoft programmer who wrote the Solitaire game included with Windows, has noted that he has single-handedly "wasted more corporate time than any other developer" (though employers might recall that many employees first learned to use a mouse by playing Solitaire). The question is, Can the corporation tell (short of looking over his or her shoulder) whether an employee is playing Solitaire?
To hear the vendors' claims, the answer is yes, they can see everything. Naturally, privacy advocates, whose chilling reports in turn sometimes help reinforce vendor hype, rely upon these Orwellian claims.
Network-based (server) products (Back to top)
eSniff, who make workplace-surveillance hardware, claim: "If an employee goes outside of your eboundaries, eSniff provides an exact copy of everything that was on their screens; sites visited, chat room activity, email ... everything."
Now, eSniff provides network-based surveillance. That is, like a wiretap, it listens in "real time" to everything that employees do on the network. According to the company, "The eSniff device uses patent pending linguistic and mathematical techniques to analyze the content and context of all TCP/IP traffic. All traffic is analyzed; Web, e-mail, chat, ftp, telnet, print jobs, absolutely all traffic that crosses the wire."
Another example of network-based monitoring is SurfControl's amusingly-named LittleBrother (oddly, there doesn't yet seem to be an employee-monitoring program called BigSister). The products made by the largest employee-monitoring vendor, Websense, are also network-based, plugging into an employer's firewall, proxy, or cache server.
These server-based products produce reports that would show if an employee was playing a web-based version of Solitaire. But not the Solitaire (nor FreeCell or MineSweeper) that come bundled with Windows, because these games run entirely on the PC, without making a network connection. When a network-based surveillance product like eSniff claims they can monitor "everything," they mean everything on the network. (And actually, "everything on the network" isn't quite right either, because many of these products can't do much about encrypted content, such as web pages that use the https:// rather than the http:// protocol.)
This approach is good for detecting (and, with some products, perhaps even preventing) employees from visiting pornographic sites, from whiling away the day at web-based gaming sites like Pogo.com, from taking on a second job as a "day trader" (though recent events on Wall St. may do more to curb this activity), from venting a bad attitude about the company at a site whose unprintable name is FuckedCompany.com, or from sexually harassing their coworkers via email.
PC-based (client) products (Back to top)
But it can't catch them viewing porn that they've already downloaded to their computer, nor can it see how much time they waste playing games off a CD ROM (unless the game "phones home" over the network), nor could it see them copy company secrets to a floppy disk, or polish their resume in Word. These are all activities that happen on a PC, generally without accessing the network.
To see those sorts of things, employers need something more akin to a camera, located right on the PC used by the employee, rather than a listening device (so to speak) like eSniff that sits on the network.
A good example of such a client-based product is WinWhatWhere Investigator. This product records the names of programs you run, the titles of the windows that are open on your computer, and -- most significantly -- the keystrokes that you type, including ones that you subsequently delete. (For sample "screen shots," see "Examples from Investigator Reports"
For example, while WinWhatWhere Investigator was running on my PC, I wrote an email to a friend that contained the text, "I think I have herpes" (this text comes from a recent advertisement for SafeWeb, an anonymizing product which promises to protect employees from monitoring by "anyone -- including your boss"). I then deleted the line, and typed, "I'm fine." Then I decided not to send the message, after all.
WinWhatWhere's report showed the following: "I think i have herpes. I'm fine." In other words, my ephemeral thoughts have now been permanently recorded (this fixing of "deleted" contents may raise some interesting intellectual property issues). The report also showed: "Message has not been sent." It also showed the nickname (but not the actual email address) of the aborted email's intended recipient. (On the preservation of ostensibly "deleted" material, see the following thought-provoking article by a federal judge in Minnesota: James M. Rosenbaum, "In Defense of the DELETE Key", Green Bag, Summer 2000; though also see "Billg's dream? Honey, I disappeared the emails...", The Register, 1 June 2001.)
I've also seen WinWhatWhere record personal information (such as passwords) that I've entered onto "secure" web pages, encrypted with https://, such as the customer information page at Amazon.com. Even if the employee uses the SafeWeb anonymizing service, WinWhatWhere can still capture keystrokes and window titles (which often describe web sites visited).
Even WinWhatWhere's author, Richard Eaton, says, "A lot of things this program does cause me great consternation." According to Internet Week ("Keystroke Logging Software Spies on Chats, IMs," 7 November 2000), "Eaton is having second thoughts about a feature that can sweep up passwords. 'If you tab across a password field, it picks all that up,' he said. 'I haven't decided if that is good or bad'." He's referring to WinWhatWhere's ability to go into a form on a web page, and pick up the contents of text fields that already contain information -- such as a password dialog box which already contains the user's saved password.
On the other hand, WinWhatWhere does not appear to detect the typing of a passphrase in the Windows version of PGP (Pretty Good Privacy) encryption software; PGP uses Windows "console" input which, like DOS input, is missed by client-based monitors due to the technique they happen to use to "hook" the keyboard (for what it's worth, a more compulsive monitor would use a low-level "virtual device driver" rather than employing the higher-level SetWindowsHook() API).
Because the surveillance occurs right on "your" PC -- actually, it's not literally surveillance at this point, just logging of your activities to a file or database, for later perusal -- rather than on a central server, it is obvious that more of your activities can be monitored than from a network-based program. And it can be done whether you are connected to a network or not.
You can configure these programs to hide their presence from most users, though the vendors generally recommend that employers make the monitors' presence known (though not in a way that allows the monitor to be easily disabled).
But since the program runs on a PC used by an employee, how is the employer going to see the report that WinWhatWhere so compulsively keeps? An employer (or an HR or IT person assigned this task) could walk up to the PC itself, press a special key sequence, and view the report. Or the program can be configured to periodically "stealth email" the report to a designated address.
In contrast to the server-based monitors, this obviously isn't monitoring in "real time," nor does this level of detail seem conducive to large-scale surveillance of many users at the same time from a single location (think of Montgomery Burns looking at his multiple monitors in the cartoon, "The Simpsons"). However, WinWhatWhere can be configured to save its log files to a network file server, with logs from multiple PCs poured into a single database, and the entries from each individual PC distinguished by user name. Coupled with WinWhatWhere's configuration options to turn off some forms of monitoring, such as keystroke logging, this could perhaps be made into a system-wide monitoring tool.
Another client-based monitor is Webroot WinGuardian. In addition to capturing keystrokes and logging programs run and web sites visited, WinGuardian can capture "screenshots" (i.e. graphic images of the entire computer screen) at specified intervals (down to once per minute), and then email them out for remote viewing. The screenshots can then be "played back" on another computer to see what the employee was doing, literally every minute of the day.
Yet another such product is Spector, from SpectorSoft. I've spoken with one HR director who installed Spector on an employee's PC after repeated complaints (by other employees), and after his own repeated denials, that he was spending hours every work day viewing pornography. This is probably a representative example of non-systematic monitoring, conducted in response to a specific situation. The HR director said that Spector covertly saved away frequent screenshots of the employee's activity, and that viewing these screenshots later, after the employee had left for the day, was (a) necessary under the circumstances; and (b) extremely creepy, "like looking at someone else's screen through their own eyes." Spector's own web site makes these promises for this $69.95 product: "Automatically record everything your spouse, children & employees do online.... Spector SECRETLY takes hundreds of screen snapshots every hour, very much like a surveillance camera. With Spector, you will be able to see EVERY chat conversation, EVERY instant message, EVERY e-mail, EVERY web site visited and EVERY keystroke typed."
To eliminate the awkward need for viewing saved records on the employee's PC, SpectorSoft also makes eBlaster which, for an additional $69.95, sends out detailed email reports: "eBlaster delivers detailed activity reports, including all web sites visited, all applications run, and all keystrokes typed, right to your e-mail address, as frequently as every 30 minutes."
These client-based monitors begin to sound like what is known as a RAT (Remote Admin Trojan), similar to Symantec's pcAnywhere, or the notorious hacker tool "Back Orifice." These "trojan horse" programs typically include both keystroke logging and screenshot capture, and so could conceivably be used for employee monitoring.
Having just looked at client-based employee monitoring, it is crucial to note that few EM products currently use this technique in a system-wide fashion. WebSense, SurfControl, Elron Internet Manager, and MIMESweeper, for example, are all server-based. Practically all the EM software installed at major companies is server-based. However, client-based monitoring does make a good illustration of what's technically possible with employee-monitoring software available today; one just has to remember that this particularly-intrusive technique is not in widespread use. As the Spector example illustrates, though, HR departments may be using such products to deal with specific problem employees.
Hybrid (client/server) products (Back to top)
Some workplace surveillance products, like Trisys Insight, are hybrids. (See http://www.born2e.com/isgt/MainPage.asp for a live online demo; you get to snoop on selected Trisys employees.) This involves a small "agent" program on the PC used by the employee, which sends messages to a server program. This company even offers an "outsourced" service, whereby Trisys itself will monitor your employees' activities for you. Trisys doesn't monitor specifics like keystrokes or the text of email messages. Instead, it concentrates on measuring the amount of time spent at web sites or using specific applications.
Another hybrid program is Wards Creek GameWarden. According to the company, "Its client/server technology allows for monitoring and enforcing company policies on playing local games such as Solitaire and Minesweeper or multi-player network games like Doom, Descent or X-Wing/Tie Fighter."
There appears to be a trend towards hybrid client/server monitoring. Two recent products, Actis Net Intelligence (see "Is this the end of corporate porn?", The Register, 19 April 2001) and Cerberian (see http://deseretnews.com/dn/view/0,1249,250011010,00.html, Deseret News, 14 Feb. 2001) each include an "agent" that sits on the employee's PC and reports back to a server program. As noted earlier, many server-based products are not able to fully handle web pages encrypted with the https:// protocol, and having a small "agent" program on the PC would help with this too; for example, employee monitoring vendors might look into this approach as a way to defeat web anonymizers such as SafeWeb.
Future trends (Back to top)
Having speculated earlier in this paper that it might be natural for Microsoft to indirectly enter the employee-monitoring business by way of adding additional management features to its operating systems, and having just suggested a trend towards doing more client-based monitoring via "agent" programs, here are some other possible future trends in employee monitoring:
The phrases "employee monitoring" and "workplace surveillance" evoke Orwellian images of Big Brother sitting at a central computer console, watching everything his employees do at their computers -- every keystroke or mouse click, every email message, every web page -- and responding to "inappropriate" usage the moment it happens.
Truly, as noted above, relatively inexpensive software now makes these capabilities cheap and potentially ubiquitous.
However, it's important to appreciate the differences among workplace surveillance programs. There is generally a trade-off between real-time monitoring (the employer can watch what the employees do, as they do it), on the one hand, and the ability to take a perfect picture of employee activities, on the other. Right now, ubiquitous, fine-grained employee monitoring is technically feasible but not a widespread practice. As noted above, most companies that even employ employee-monitoring software (and recall that they are still in a minority) use the server-based approach, which can be intrusive enough, but which doesn't have quite the intrusive capabilities of client-based monitoring.
There probably isn't much of a privacy interest in goofing off at work. But there is a privacy interest in not having exact recordings kept of precisely what you were doing while taking a break, while working, or even while goofing off.
Bibliography (Back to top)
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Tom Brown, "Preservation: Analysis", Harvard Law Digital Discovery (duty to preserve email)
Karen L. Casser, "Employers, Employees, E-mail and the Internet", Computer Law Association, 1996
Andrew Clement, "Office Automation and the Technical Control of Information Workers" (1982), in Vincent Mosco and Janet Wasko, Political Economy of Information, Madison: University of Wisconsin Press, 1988, pp. 217-246
Charles I. Cohen and Mona C. Zeiberg, "Employers Beware: The NLRB Is Watching Your E-Mail", Morgan, Lewis & Bockius LLP, July 2000
"Computers and Work bibliography" (includes section on employee monitoring)
Andrew Conry-Murray, "The Pros and Cons of Employee Surveillance", Network Magazine, 5 February 2001
Curtin Cotton, "Electronic Mail in the Workplace: Employee Monitoring vs. Employee Privacy", Gray Cary, n.d.
Don A. Cozzetto and Theodore A. Pedeliski, "Privacy and the Workplace: Technology and Public Employment", (Int'l Personnel Management Assoc.)
Curtis Dalton, "Preventing Corporate Network Abuse Gets Personal", Network Magazine, 5 February 2001
Data Protection Commissioner (UK), "Draft Code of Practice: The Use of Personal Data in Employer/Employee Relationships," October 2000 (available from http://wood.ccta.gov.uk/dpr/dpdoc.nsf)
Mark S. Dichter and Michael S. Burkhardt, "Electronic Interaction in the Workplace: Monitoring, Retrieving and Storing Employee Communications in the Internet Age", Morgan, Lewis & Bockius LLP, 1999
Sean Doherty, "ESniff Noses Out Mischief Makers", Network Computing, 25 June 2001 (lengthy review, not only of eSniff, but also of several other employee monitoring products: Elron Internet Manager, SurfControl SuperScout, Pearl Echo, and Trisys Insight)
Amitai Etzioni, "Some Privacy, Please, for E-Mail", New York Times, Nov. 23, 1997 (even "communitarians" want privacy for employee email)
Susan E. Gindin, "Guide to E-Mail & the Internet in the Workplace", 1999 (Only one section is available online; the full work is available from the Bureau of National Affairs)
Mark L. Goldstein and Lisa S. Vogel, "Can You Read Your Employee's E-Mail?", NY Law Journal, Feb. 24, 1997
Michael Hart, "An Employer's Staff Email and Internet Policy", Baker & McKenzie, London, 1996 (covers employee internet law in the UK, France, Italy, the Netherlands, Hong Kong, Japan, and the US)
Heather Harreld, "And forgive us our trespasses: Agencies monitor employee Internet use to stem unauthorized surfing", Federal Computer Week, 5 Feb. 2001 (employee monitoring in US government offices)
"Internet Misuse in the News" (extensive set of links, put together by Websense, to articles on cyberslacking, cybermoonlighting, etc.)
Internet Product Watch, List of filtering & monitoring products
Larry Johnson, "Guerrilla Raids on the Honey Pot: Going Straight for Email", Fios, Inc., 2000
Tammy Joyner, "Big Boss is Watching", Atlanta Journal-Constitution, 25 July 2001 (GPS-based employee monitoring a key point in contract talks between BellSouth and the CWA).
Carl S. Kaplan, "Reconsidering the Privacy of Office Computers", New York Times, 27 July 2001 (discussing James Rosenbaum's "In Defense of the Hard Drive")
Wendy R. Leibowitz, "E-Mail Law Expands", National Law Journal, July 19, 1999
Lyrissa C. Barnett Lidsky, "Silencing John Doe: Defamation and Discourse in Cyberspace", 49 Duke Law Journal 855 (2000) (former employees, e.g. HealthSouth v. Krum)
Michael J. McCarthy, "Keystroke Loggers Save E-Mail Rants, Raising Workplace Privacy Concerns", Wall St. Journal, 7 March 2000 (on Adavi Silent Watch and WinWhatWhere Investigator)
Michael J. McCarthy, "Workers Return E-Mail Fire", Wall St. Journal, 26 April 2000 (Leinweber v. Timekeeping Systems; McLaren v. Microsoft)
Michael S. Moran, "Internet Access and Employer Risk", NY State Law Reporting Bureau (focuses on New York state law)
Michael Overly, e-policy: How to Develop Computer, E-policy, and Internet Guidelines to Protect Your Company and Its Assets, New York: AMA, 1998
Privacy Foundation (US), Workplace Surveillance Project
Privacy International, "Technologies of Privacy", Privacy & Human Rights 1999 (has a long section on "workplace surveillance": performance monitoring, telephone monitoring, email and internet use monitoring, drug testing)
Janice Reynolds and Ellen Muraskin, "Logging, Monitoring Follow Call Centers", Computer Telephony, 1 May 2000
Proskauer Rose LLP, "Electronic Mail: Is It Labor's Latest Organizing Tactic?", August 1999 (NLRB)
Cheryl Buswell Robinson, "Surveillance and Nurses: The Use and Misuse of Electronic Monitoring", Research for Nursing Practice (location tracking via infrared and radio frequency)
Jeffrey Rosen, The Unwanted Gaze: The Destruction of Privacy in America, New York: Random House, 2000 (esp. Ch. 2: "Privacy at Work," but the entire book is really about what Rosen sees as a conflict between privacy and workplace sexual-harassment law)
James M. Rosenbaum, "In Defense of the Hard Drive", Green Bag, Winter 2001 (Chief Judge of US District Court for Minnesota questions the "uncritical acceptance" of the odd idea that just because a company owns a computer, they therefore have a right to examine all its contents)
Andrew Schulman, "The 'Boss Button' Updated: Web Anonymizers vs. Employee Monitoring", Privacy Foundation Workplace Surveillance Project, 24 April 2001
Andrew Schulman, "The Extent of Systematic Monitoring of Employee E-mail and Internet Use", Privacy Foundation Workplace Surveillance Project, 9 July 2001
Andrew Schulman, "Fatline and AltaVista: 'Peer Pressure' Employee Monitoring?", Privacy Foundation Workplace Surveillance Project, 18 June 2001
Larry Seltzer, "Monitoring Software", PC Magazine, March 6, 2001 (review of Trisys Insight, Webroot WinGuardian, WinWhatWhere Investigator)
Doug Simpson, "Shadowing cyberslackers: Public entities crack down on employees who misuse the internet", civic.com (Federal Computer Week), 2 Oct. 2000
Scott A. Sundstrom, "You've Got Mail! (And the Government Knows It): Applying the Fourth Amendment to Workplace E-mail Monitoring", NYU Law Review, Dec. 1998 (mostly on public employees)
Timberline Technologies, "Alphabetical List of Content Filter Products"
Eugene Volokh, "Freedom of Speech, Cyberspace, Harassment Law, and the Clinton Administration", Law & Contemporary Problems, 2000
Bill Wallace and Jamie Fenton, "Is Your PC watching you? New desktop snoopware products let anyone -- boss, business partner or spouse -- track your PC habits", PC World, Dec. 5, 2000 (includes details on filenames used by Spector, eBlaster, Insight, WinWhatWhere)
Nigel Waters, "Privacy Code of Practice for Workplace Surveillance: PCO Position", 26 March 2001 (PowerPoint)
John Whalen, "You're Not Paranoid: They Really Are Watching You", Wired, March 1995 (covers employee theft, "time theft", etc.). Jonathan Whelan, e-mail @ work, London: FT.com, 2000
Kenneth J. Withers, "Electronic Discovery Bibliography", 2000 ("... items relevant to the discovery of electronic evidence in civil litigation. This collection also includes subjects closely related to electronic discovery, such as electronic records management, computer forensics, the rules of evidence as applied to electronic data, and the use of e-mail in the workplace.")
Kenneth J. Withers, "Is Digital Different?: Electronic Disclosure and Discovery in Civil Litigation", 30 December 1999
Kenneth J. Withers, "Killing the vampire: Computer users, facing discovery, attempt to make the 'delete' key stick", Federal Discovery News
Anush Yegyazarian, "Nosy Bosses Face Limits on E-Mail Spying", PC World, September 2000 (NLRB)
Richard F. Ziegler and Seth A. Stuhl, "Spoliation Issues Arise In Digital Era", National Law Journal, 16 February 1998 (duty to preserve email and voice mail)
Shoshana Zuboff, In the Age of the Smart Machine: The Future of Work and Power, New York: Basic Books, 1988