Bosses can snoop on staff e-mails 'to fight terror'

The Greens and privacy advocates have hit back against proposed laws which could allow companies to snoop on their workers' e-mails, but Deputy Prime Minister Julia Gillard has said the laws are needed to protect vital electronic infrastructure from terrorist attacks.

The Federal government is developing new counter-terrorism measures which include changes to the Telecommunications Act that would allow companies providing services critical to the economy to read workers' e-mails.

The proposal has been slammed by Greens Senator Kerry Nettle and civil liberty groups, who say the new laws will be abused by employers.

"This is a major threat to the privacy of all Australian workers," Nettle told ZDNet.com.au today.

"I am appalled that a Labor government would advocate such an attack on the rights of workers."

Dale Clapperton, chairman of online privacy and civil liberties group Electronic Frontiers Australia, says the proposed laws could be abused by employers.

"Our concern is if [businesses are] given these powers, they are more likely to be used for eavesdropping and corporate witchhunts rather than protecting Australia from some kind of cyber attack," Clapperton told ABC Radio.

"If an employer had a particular employee that they wanted to get rid of, it would be a fairly trivial matter to use these powers to watch everything that they do on the computer until they have caught them sending a personal e-mail during work hours, or some pretext for getting rid of them."

However, the Deputy Prime Minister says the changes won't lead to an invasion of privacy.

"I promise we are not interested in the e-mail you send out about who did what at the Christmas party," Gillard told the Nine Network. "What this is about is looking at our critical infrastructure."

"If our banking system collapsed, if our electronic system collapsed, obviously that would have huge implications for society, so we want to make sure they are safe from terrorist attack," she said.

According to Gillard, that involves making sure the government has "the right powers" to ensure it knows "if there's something unusual going on in the system".

"At the moment this is only a proposal -- we've got to consult with privacy experts and industry before we go ahead with anything," said a spokesperson for the Attorney General's Department.

Today's reports come after the House of Representatives approved an amendment to the Telecommunications Interception Act last month to extend the limit of a sunset clause which allows authorities to monitor internal and government communications without a specific warrant, including those sent by the public to the government.

"One of our concerns is that the existing scope of this legislation is already quite wide, and in our view there needs to be more accountability, not less," said a spokesperson for Senator Kerry Nettle at the time.

Talkback 11 comments

    Wrong people with power? John Van Der Loo -- 14/04/08

    I don't know if it is just me who believes this, but in my oh so humble opinion, the privacy of employees should not be put at risk so, by allowing employers access. This kind of jurisdiction should lie with law enforcement only!

    Not to mention you'd have to be a pretty stupid terrorist to use the email at your workplace for such communications!

    Bosses need this power Anonymous -- 28/04/08 (in reply to #320099743)

    Nearly all of the people here who are complaining about loss of privacy of the employees need to consider that there is no reason to be afraid of these rules unless you are doing something wrong in the first place! Plus, if you need to send a private email to someone- then you send it at home using your OWN email account.
    As J. McAtee said earlier this allready happens in schools with exellent results.

    Is your boss trustworthy? Anonymous -- 14/04/08

    I've worked in enough companies to know that corruption infiltraites all levels.

    I have seen major corruption at a major telco and in the same place I saw some very unsual company suffixed e-mails sent to the entire project group from staff that had already left.

    It was also no co-incidence that one staff member of this telco ran an electronic (internet, mobile phone) snooping company using the telco's resources - and he seemed to enjoy many priviliges including boasting about having made his first million.

    Go figure

    Big Deal J. McAtee -- 14/04/08

    Schools already snoop on students e-mails; this is just another example of adults receiving the same treatment that they give children and not liking it.

    Stupid Idea! Anonymous -- 15/04/08

    Good grief, another deprivation of liberty. Any good terrorist worth his salt would encrypt his emails using commonly available tools, so unless the gov is going to funnel every email through their super computer they don't have, to decrypt them - this is a stupid idea that WILL be abused.
    And Gillard makes a promise she can't keep !

    Wrong area Anonymous -- 15/04/08

    Shouldn't companies who outsource critical operational functions be the subject of this rather than workers emails? If you were honestly concerned about securing critical IT infrastructure from an attack you would not be outsourcing to anyone operating out of a third world country. It is akin to locking your house but then giving the back door keys to a stranger on the street.

    Bosses already have the right to snoop! Anonymous -- 15/04/08

    I cannot fathom the cries of privacy advocates regarding employers monitoring the very services they provide to their staff. Email is provided to staff as a tool, any permitted personell use is just as subject to company monitoring (for justifiable reasons, not systematic spying). While most employers allow 'reasonable' private use by staff it's not a right, nor should an employee feel entitled to unwaivable privacy. As for terrorism, no-one would use critical services as a means of organising an illegal activity. It's obvious such critical services would already be monitored for proper, secure functioning.

    Email services provided by an employer belongs to the employer. They are justified to monitor that service and ensure it is not being used inappropriately. Afterall they could be held liable if they ignorantly allowed rouge employees to do with it as they wish.

    Anti-terrorism? Sure... Anonymous -- 15/04/08 (in reply to #320099783)

    "Afterall they could be held liable if they ignorantly allowed rouge employees to do with it as they wish."

    Those reds are under the bed again!

    Just another freedom to be lost in the name of anti-terrorism. Times are different now, just accept it, and get back in your box, pleb.

    I suspect, and I'm sure ASIO knows, that terrorists wouldn't use unencrypted company email for their plotting. Are they really that stupid?

    Bosses don't have the right to snoop! Anonymous -- 15/04/08 (in reply to #320099783)

    The current Telecommunications Act quite clearly prohibits snooping on employee's email even if they have stated in advance they will do so. The ONLY circumstance where it is legal is if both parties to the communication ie sender and recipient give permission or if law enforcement has obtained a warrant.

    Neo slavery ideology Anonymous -- 24/04/08 (in reply to #320099783)

    I'm increasingly disturbed to see this kind of subservience mentality.
    I'm paid to do a job - it's a mutually beneficial agreement between myself and my employer to achieve the employers goals doing the kind of work _I_ choose to do.
    Nowhere in that agreement should I be signing away any of my rights to privacy or otherwise. I'm still a human being with all the rights I demand outside of work.
    The minute any employer treats me like a slave or property or a subject of their whim, expect a prompt resignation.
    "Employment" in this country is an equitable arrangement for mutual gain, not a subservient relationship. I'd strongly encourage that philosophy even in places where it is not the case. I think any person that respects human rights, or even just respects themselves, would.

    If the terrorists are fool? Dennis Liao -- 15/04/08

    Would people use monitored channels to commuicate undertable stuff, if they know they were monitored? This idea will simply not work.

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