A recent court ruling found the developer of online spying software WebWatcher culpable of violating federal and state wiretap laws in a case that may have broader implications on online monitoring software and providers of software as a service.
According to reports, the US Court of Appeals for the Sixth Circuit rejected developer Awareness Technologies’ motion to dismiss a case filed against the company. The decision reverses an earlier lower court ruling that granted the company the right to file for a dismissal.
The original case was a 2012 complaint made by an individual whose communications with a female in a chatroom and through email was monitored by the female’s spouse using WebWatcher.
Legal observers say the ruling could have an impact on the current practice of companies monitoring employee communications. Employers generally have legal authority over the employees’ legal communications, however, personal communications in which they engage in the workplace is a gray area, some lawyers say.
"Usually, if an employee does not expect privacy when using a corporate device, a company would not be found in violation for searching the device," said Alena Shautsova, a New York City lawyer specializing in employment discrimination.
Additionally, the decision could spook providers of software as a service, according to industry insiders.
Dimitri Sirota, enterprise privacy management vendor BigID chief executive and founder, told reporters that the case “raises the specter that a vendor could end up as a co-defendant if a user (company or individual) makes use of the software-as-service in an illegal way."
