This one arose, from somewhat hazy memory, because of an industrial
dispute a few years ago, where staff used a company email system to
organise union meetings and to communicate with union officials outside
the company. The company then sacked a couple of staff (who happened to be
union representatives) for using company email for non-company purposes,
in accordance with company policy.

The dismissals were subsequently overturned in court, on the grounds that
it is long established practice here in Oz that elected union
representatives can make "reasonable" use of company facilities (internal
mail, use of meeting rooms etc). This practice predates email by about 100
years. I seem to remember that it was important in the case that the
company had discriminated against the staff concerned, in other words,
they snooped on their emails only, not on those of all staff.

So I see this Bill as an attempt to define this 'reasonable use' practice,
but of course then gets into a whole raft of broader issues - privacy,
free speech etc. However, section 17 says in part:

"17 Restrictions on blocking emails or Internet access
(1) An employer must not prevent, or cause to be prevented, delivery of an
email sent to or by, or access to an Internet website by, an employee of
the employer unless: (a) the employer is acting in accordance with a
policy on email and Internet access that has been notified in advance to
the employee in such a way that it is reasonable to assume that the
employee is aware of and understands the policy"

I have not read the whole Bill but I read S17 to say that where I am now,
we won't have to change much. All employees read and sign a corporate code
of conduct, and a corporate computing code of conduct, specifying that
company facilities are for company use, the company has the right to
ensure that there is no illegality or non-company use, certain types of
web sites are blocked, etc etc. The Bill broadens the definition of
'company use' to include industrial relations matters (unions). It also
tidies up some technologically-based inconsistencies, for example, many
organisations which I've looked at have a policy that says 'reasonable'
personal use of company telephones is allowed (eg to ring your partner to
arrange picking up the kids after school), but then they fail to extend
this to email. Quite illogical and unreasonable. Equally, most companies
know that they can't listen to phone conversations without a warrant, but
assume they can freely pry on email traffic. Quite illogical and
unreasonable.

But I'm not a lawyer and I'll probably be wrong. Again.

Oh, and I do agree that it is highly unlikely to influence US State or
Federal law. This sort of legislation is increasingly influenced these
days by trade considerations, so here in Oz we have to balance  wanting to
trade with the European community against the recent US - Australian Free
Trade agreement (which basically agrees we just do whatever George Bush
says, so we are changing eg our copyright law, but George isn't changing
his). I'd suspect that the European Community is more likely to influence
US law than poor little NSW! This Bill incidentally puts NSW out of step
with all other States and the Feds.

Watch this space!

Cheers

Glenn

Glenn Sanders MRMA
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Australia

These views are mine alone. They may or may not be those of any
previous or present employers or clients. I don't know. If I'd asked
and they'd agreed, I would have signed it "Bloggs and Co and
Glenn". Or whatever. But I haven't, so I didn't.



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