Companies large and small are now realizing the many benefits of going "online." Although email may be the most popular interactive tool employed by American businesses, web sites and intranet programs are quickly gaining in popularity.
As the application of interactive technology continues to evolve, so do the rights and liabilities of its participants. The following is a brief summary of some of the issues companies should consider in selecting, or maintaining an email system, a web site, or an intranet system.
Email
While it is true that email networks offer employees a convenient way to convey substantive information, this medium can also be a source of exposure for the employer. More and more companies are finding themselves the subject of suits because of lax supervision over their email networks. In Seattle, Microsoft was recently named as a defendant in a sexual harassment suit and ordered to disclose the substance of messages sent from one employee to another.
An email system is, first and foremost, the property of the employer. As a result, the employer is obligated to take steps to adequately regulate its usage as it would with any other device within its domain. Employers should, among other things, incorporate into their personnel manuals unambiguous guidelines regarding email usage. These policies should contain a statement that the email system is the property of the employer and its usage by the employees should be for business purposes only. Employers should also establish a procedure to routinely monitor the content being communicated via email. Some employers have gone as far as to require their employees to execute a written acknowledgment that they will adhere to the employer's policies regarding the email system. Employers who require a signed acknowledgment should establish a formal process by which employees can lodge complaints over possible misuse of the system.
Web Sites
Many of the concerns associated with employer-sponsored email systems also apply to companies using web sites. A web site is merely an address on the World Wide Web that displays information about the web site sponsor. In addition to the items already raised above, employers should take note that significant copyright, trademark and trade secret issues exist in the realm of web sites. Businesses interested in establishing a web site need to address some of the following issues.
First, the company must decide whether it wants to develop its web site in-house or engage an outside contractor to create it. Businesses should play to their strengths. For example, companies with a graphic design department might be able to develop their own graphics and contract out the remainder of the work. If, on the other hand, your company has the ability to create a data base system, do that work in-house and contract with a graphics designer. When hiring outside contractors, you should indicate whether you wish to have the copyright over the final product. This is especially true if new content will be published on your web page on an ongoing basis.
At the outset, the company also needs to decide whether the site will be maintained by the contractor who was brought in to create it, or whether it will be done in-house. When contracting with an outside provider, you should also consider the following:
- Resolve whether the outside provider will keep current with the latest features and what will be the expected response time to system problems.
- Agreements with outside contractors should also address indemnity issues. For example, if illegal or infringement materials are introduced into the site by the web developer, the developer should indemnify your company for any liability imposed for such materials.
- Companies establishing web sites, and especially those that allow their employees to "surf the net" while on company time, also need to develop guidelines for their employees. These guidelines should address, among other things, the use of graphic language and the divulging of trade secrets.
Intranets
Intranet technology is the medium currently receiving the most attention. Intranets use the infrastructure and standards of the Internet and World Wide Web to allow users to gain limited access to internal corporate networks. Intranets incorporate the use of "fire walls" to prohibit unauthorized persons from accessing a network, and to prevent authorized users from straying into restricted networks.Companies are installing intranets to accomplish a variety of tasks. Federal Express, for instance, now allows its customers to access their intranet web site to track their own packages. By allowing approximately 12,000 customers per day to locate their own packages through their intranet, FedEx estimates that it will save up to $2,000,000 in costs per year.
Intranets also provide employees with access to databases traditionally assigned for administrative personnel. For example, many companies now allow their employees to reallocate investments in their 401K plans and schedule meetings with co-workers in satellite offices.
Companies that allow their employees to do things such as reallocate their benefits, savings, and 401K plans via an intranet network must work closely with the network developer to insure that the system does not allow employees to access or reallocate assets in a manner that is not in compliance with existing regulations. Companies that allow their customers limited access to their intranet site must also employ a security system that will not allow access to information pertaining to another customer's account.
Interactive technology gives companies the ability to save substantial sums while reaching a worldwide audience. However, the technology also poses risks and liabilities not usually found in the traditional business environment. Aggressive planning and proper maintenance of any information system must be a major priority for any company currently using, or thinking about installing, one of the media discussed above.