Lane Powell Shareholder Mike Reilly authored an article in Seattle Business magazine’s February 2015 issue titled “The BYOD Question: Sound Advice on ‘Bring Your Own Device to Work.'” In the article, Reilly discussed the BYOD to work movement and how it has drastically changed today’s workplace, as well as a number of risks employers face when implementing BYOD policies.
Employees typically do not have a reasonable expectation of privacy when using the employer’s computer systems. However, employees have an expectation of privacy when using their own dual device on their employer’s computer system. Employees are protected from the unauthorized access of their dual devices, regardless of whether they happen to be connected to their employer’s network. The Computer Fraud and Abuse Act and the Stored Communications Act create criminal and/or tort liability when an individual or entity gains unauthorized access to a computer. So, employers want to avoid engaging in unauthorized access to an employee’s personal email account or an employee’s cloud-based storage provider.
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