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I'm with you 100% of the way when the employer hands me a device for work use. I'm a lot more confused about 'Bring Your Own Device' (BYOD) companies. BYOD has

I'm with you 100% of the way when the employer hands me a device for work use. I'm a lot more confused about 'Bring Your Own Device' (BYOD) companies. BYOD has proliferated because employees are generally happier to pick their own devices and not have to carry two devices. Employers are happy because it's cheaper, even if there is some stipend involved. It makes IT a bit more complicated but thats about it. But can they look at my messages then? What if they pay my service bill but I own the device?

spydum 11y ago
think about it in the legal context.. if you BYOD, and conduct work on a personal device. Maybe exchanging mails, IMs, text, whatever with a client. Client gets upset about some deal, they sue your employer. They claim you leaked some information to a competitor. Client and employer both want access to your device, to look for evidence of the information leak. You conducted work, on behalf of the employer, on your own personal device. They have to have the legal right to search that device for evidence.. Now.. if you had two devices. One for work, one for personal. You never used your personal device for work.. then to me, personal device is off limits, unless they found compelling evidence ELSEWHERE that you had disclosed information via your personal device. However, that would need to come out and be backed by evidence. They can't just look at your device without being compelled. I am no lawyer though, and my knowledge of civil/criminal evidence handling is shallow..
- ptx 11y ago
  Do they really have to have the right to search your personal device? I'm sure they would like to have that right, and perhaps they have managed to obtain it, but it's in conflict with the right to privacy and one could just as easily decide that privacy is more important. What if you had just memorized the information – does the company have to have the right to waterboard its employees just because they would like to search for evidence?
sitkack 11y ago
Most corpofacists would say yes. Anything that work might touch, even if they didn't pay for it, is under their purview. If in doubt, the worker has no rights while employed at the company. Hell, non-competes can tell you who you can and can't work for years after employment has been severed by either party.
- mhurron 11y ago
  > Anything that work might touch, even if they didn't pay for it, is under their purview. And the law, especially in the US, agrees.
  - wfo 11y ago
    Generally the law in the US agrees with the corporate fascists' view because it's written by them.

spydum 11y ago

think about it in the legal context.. if you BYOD, and conduct work on a personal device. Maybe exchanging mails, IMs, text, whatever with a client. Client gets upset about some deal, they sue your employer. They claim you leaked some information to a competitor. Client and employer both want access to your device, to look for evidence of the information leak. You conducted work, on behalf of the employer, on your own personal device. They have to have the legal right to search that device for evidence.. Now.. if you had two devices. One for work, one for personal. You never used your personal device for work.. then to me, personal device is off limits, unless they found compelling evidence ELSEWHERE that you had disclosed information via your personal device. However, that would need to come out and be backed by evidence. They can't just look at your device without being compelled. I am no lawyer though, and my knowledge of civil/criminal evidence handling is shallow..

ptx 11y ago
Do they really have to have the right to search your personal device? I'm sure they would like to have that right, and perhaps they have managed to obtain it, but it's in conflict with the right to privacy and one could just as easily decide that privacy is more important. What if you had just memorized the information – does the company have to have the right to waterboard its employees just because they would like to search for evidence?

sitkack 11y ago

Most corpofacists would say yes. Anything that work might touch, even if they didn't pay for it, is under their purview. If in doubt, the worker has no rights while employed at the company. Hell, non-competes can tell you who you can and can't work for years after employment has been severed by either party.

mhurron 11y ago
> Anything that work might touch, even if they didn't pay for it, is under their purview. And the law, especially in the US, agrees.
- wfo 11y ago
  Generally the law in the US agrees with the corporate fascists' view because it's written by them.