Linda,

I think you raise an interesting issue in that Al would not be an employee of the company - therefore, is he allowed to retrieve emails? I'd think that when all was said and done he would, as an inplicit or explicit provision of any contract he had with the company. That was why I suggested he get a written indemnification. If the former employee decides to 'get legal' Al is protected to the degree that such an agreement would normally protect someone. I say that not being a lawyer, thank God. <g>

Also, isn't the law you quoue US law? Remember, Al's in the great nation of Canada. Also, and typically, US courts have never to my knowledge held that an employee's email was personal property. All cases I've heard about have been in favor of the employer. I've been a little surprised by this but I think it goes along the lines that you are using the employer's tools.

I think a good lawyer is the best option here..

Don't you just hate having to think like this? I sure do...


>Al,
>
>Contrary to what many people are saying here, I am not sure you have any legal right to intercept this person's email. This subject came up when I took a Network Administrators course for W2K at the University of Michigan.
>
>I quote the following from a policy page:
>
>The Electronic Communications Privacy Act of 1986 (ECPA) is the
> only existing federal law specifically governing e-mail. Under
> the ECPA there is privacy protection against both interception of
> electronic communications while in transmission and against
> unauthorized intrusion into e-mail stored on the system.
> Interception of electronic communication is prohibited (section
> 101-100 Stat 1850), and service providers of electronic
> communications cannot intentionally divulge communication
> contents, with certain exceptions (section 102). These provisions
> protect the privacy of electronic communications in general.
>
>There are conflicting laws on the subject at state and federal levels. Intruding into someone's email is a serious issue. There are some laws protecting privacy and others protecting rights to know...I'd make sure you had a good legal opinion before doing *anything*.
>
>Linda