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E-mails: Use
and misuse
For most of
us, e-mails have almost replaced office memos, newsletters and other form of
routine paper communications, however with the convenience comes an element
of risk. MOHAN BABU focuses on corporate risks associated with the
use of e-mails
If there was
one technology that has really changed the way we do business in the digital
age, it is e-mail. It is hard to believe that a technology that came into
public domain a little over a decade ago could so completely overwhelm us.
E-mail that is ubiquitous and convenient has made global communication
really effortless. However, as the recent Wall Street Journal article, “In
Andersen case, single e-mail lead to guilty verdict, jurors say,” proves
e-mail is turning out to be a double-edged sword. In the story, the writers
went on to say, “After doing business for 89 years and being indicted for
destroying tons of documents, Arthur Andersen LLP’s death sentence may have
been sealed by a single e-mail”. This story brings home the importance of
corporate risks associated with the use of e-mails.
In the
Andersen case, the jury, after debating over all the possibilities and
poring over thousands of pages of documents, apparently centered on the
e-mail sent by Nancy Temple, an in-house corporate lawyer based at the
firm’s headquarters. To jurors, the e-mail showed that Temple tried to
persuade senior partners of Anderson involved in the Enron case to make sure
that they “protect ourselves”. That was the key to the case. Similarly,
there have been a number of high-profile cases, including the investigation
of Microsoft by the department of justice, where (supposedly) innocuous
e-mails sent by members of the management team came back to bite them.
For most of
us, e-mails have almost replaced office memos, newsletters and other form of
routine paper communications. In many cases, it is even more convenient to
send an e-mail to an individual or group than to call them individually.
Chat and instant-messages are a natural extension of this concept. Back in
the days when office memos were the standard, memos were generally
well-drafted, proofread and created with corporate safeguards in mind. The
advent of e-mails has made communication very convenient. However, with the
convenience comes an element of risk. People using e-mails tend to forget
that they are also a form of official documentation. Also, with the
available technology, an e-mail that may seem to be “deleted” may be
traceable and could be used as an evidence of a wrongdoing.
Most large
companies in the West have an explicit e-mail usage policy documented along
with the system usage policy. As the industry matures, and the usage of
e-mail permeates to all the different functional areas of business, it is
becoming clear that the consequences of exchanges that employees make over
the Internet using corporate systems puts both the individuals and
corporations at risk.
To most of
us, e-mail has become second nature and we do not think twice before
drafting a “private” mail with our thoughts and feelings clearly expressed.
The fact remains, just as expressing “private” thoughts in a corporate
meeting could get one fired, expressing the same “private” thoughts using
company e-mail can also get one fired. News of, “Another six employees have
lost their jobs for alleged “misuse” of e-mail as XYZ confirmed Tuesday it
has dismissed six people from its New York office,” hardly raises eyebrows
anymore. Even so, people succumb to the temptation to misuse corporate IT
systems, get caught doing so, and are fired at an alarming rate.
What are the
corporate risks associated with e-mails? There are many, and are well
documented in most books and white papers on security. Some of the key risks
include:n Public relations nightmare: Misuse of company email by an employee
to send out sensitive information can translate to a PR nightmare for the
company.
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Confidentiality and secrecy: Corporate information can easily be passed
out via e-mails. In an age where intellectual property is highly valued,
such a leak can be prohibitively expensive.
- Legal
issues: There are scores of legal issues including copyright, intellectual
property issues, contractual obligations, etc, that can arise from the use
of a corporate e-mail. For instance, an e-mail sent using a company’s
e-mail account could be construed to be a legally binding document,
leading to cases where the company could be obligated to enter into a
contract unwittingly.
- Expensive
network usage: Non-business related e-mails are increasing at an alarming
rate. Such e-mails (with attachments, etc,) could clog the corporate
network, leading to unnecessary bottlenecks.
- Security
and virus hazards: Distributing or receiving malicious software
(including, Trojan horses, viruses and worms).
- Employee
relations’ nightmares: Sending of e-mail messages containing material that
may be construed as being racially or sexually offensive could land the
company in legal hot-water.
It is
becoming increasingly clear that senior executives and management of
companies need to ensure that a clear e-mail usage policy is designed and
disseminated to all employees. The management also needs to ensure that the
policies are followed to the tee. At the end of the day, management is
responsible for the actions of its employees, including the use (or misuse)
of e-mails.
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