Subject: Harald - you assked for another legal opinion - meet Cynthia Stamer Esq... Fw: Interesting article on HR Litigation over personal opinion posts on the Internet

From: "TS Glassey" <[email-masked]>
Date: Sat, 28 Jun 2008 07:47:22 -0800

Harald - you asked me for another legal opinion... Here is one.

Todd Glassey

----- Original Message ----- 
From: "Cynthia Stamer" <[email-masked]>
To: <[email-masked]>
Sent: Friday, June 27, 2008 1:25 PM
Subject: Re: Interesting article on HR Litigation over personal opinion 
posts on the Internet

I have several thoughts coming from the perspective of one who counsels
businesses on employment and data security issues

(1) Unless a collective bargaining agreement or other contractual
commitment bars it, most private businesses (nongovernmental) retain the
right to fire employees for making statements that the company finds
inappropriate to the extent the statement is not protected by otherwise
applicable whistleblower, anti-retailiation, or other discrimination
law.
(2) From a corporate compliance perspective, most companies should
regulate or restrict blogging on company systems as part of their
overall data and communications compliance programs.  From sexual
harassment, to defamation, communication of personal or other sensitive
information about other employees, to fraud, inappropriate statements
made as part of internal or external blogging can hurt company image and
create liability under many circumstances.
(3) Most companies also should at least consider the need to
establishing rules about when blogging or other communications outside
the offices of confidential information, defamatory information, or
otherwise that could create liability for the company because of the use
of company information or reputation. Where the information is based on
information obtained through employment or the writer uses his current
or former position within an organization as a basis for credibility or
to identify persons to speak to, the company may have an interest or
obligation, depending on the facts and circumstances.  Typically these
are disciplined under conflict of interest or confidentiality policies,
but more clear statements and guidelines are generally desirable.
(4) While seeking to exercise legitimate control over blogging and other
communications,  businesses have to be sensitive to the responsibility
under the National Labor Relations Act not to inappropriately interfere
with legitimate protected union organizing conduct.

-----Original Message-----
From: Information Security Committee [mailto:[email-masked]] On
Behalf Of Benjamin Tomhave
Sent: Friday, June 27, 2008 10:12 AM
To: [email-masked]
Subject: Re: Interesting article on HR Litigation over personal opinion
posts on the Internet

It definitely seems to put in jeopardy the ability of anybody to blog
commentary on their work in any capacity whatsoever. It could almost get

to the point that an in-house Legal team would need to review all blog
posts before they were published, even if it's your own personal blog.
Oy.

TS Glassey wrote:
> I would also like to point out that this would possibly pertain to
> Standards Development Orgs as well and particularly (if it does) to
the
> IETF and ISOC...
>
> Todd Glassey
> ----- Original Message ----- From: "TS Glassey"
<[email-masked]>
> To: <[email-masked]>
> Sent: Thursday, June 26, 2008 6:33 PM
> Subject: Re: Interesting article on HR Litigation over personal
opinion
> posts on the Internet
>
>
>> OK try this one then...
>>
>> http://gigaom.com/2008/03/24/cisco-sued-because-of-employee-blogging/
>>
>>

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