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MLA Research Paper (Orlov)



                                                                                       Orlov 1

                        Anna Orlov
                        Professor Willis
                        English 101
                        17 March XXXX
Title is centered.                                   Online Monitoring:
                                 A Threat to Employee Privacy in the Wired Workplace
Opening sentences             As the Internet has become an integral tool of businesses,
provide background
for thesis.             company policies on Internet usage have become as common as
                        policies regarding vacation days or sexual harassment. A 2005
                        study by the American Management Association and ePolicy
                        Institute found that 76% of companies monitor employees’ use of
                        the Web, and the number of companies that block employees’
                        access to certain Web sites has increased 27% since 2001 (1).
                        Unlike other company rules, however, Internet usage policies often
                        include language authorizing companies to secretly monitor their
                        employees, a practice that raises questions about rights in the
Thesis asserts          workplace. Although companies often have legitimate concerns
Orlov’s main point.
                        that lead them to monitor employees’ Internet usage—from
                        expensive security breaches to reduced productivity—the benefits
                        of electronic surveillance are outweighed by its costs to employees’
                        privacy and autonomy.
                              While surveillance of employees is not a new phenomenon,
                        electronic surveillance allows employers to monitor workers with
Summary and long        unprecedented efficiency. In his book The Naked Employee,
quotation are
introduced with a       Frederick Lane describes offline ways in which employers have been
signal phrase
naming the author.
                        permitted to intrude on employees’ privacy for decades, such as
                        drug testing, background checks, psychological exams, lie detector




           Marginal annotations indicate MLA-style formatting and effective writing.

Source: Diana Hacker (Boston: Bedford/St. Martin’s, 2007).
This paper has been updated to follow the style guidelines in the MLA Handbook for Writers of Research Papers,
7th ed. (2009).
Orlov 2

                   tests, and in-store video surveillance. The difference, Lane argues,
                   between these old methods of data gathering and electronic
                   surveillance involves quantity:
                              Technology makes it possible for employers to gather          Long quotation is
                                                                                            set off from the
                              enormous amounts of data about employees, often               text; quotation
                                                                                            marks are omitted.
                              far beyond what is necessary to satisfy safety or
                              productivity concerns. And the trends that drive
                              technology—faster, smaller, cheaper—make it possible
                              for larger and larger numbers of employers to gather
                              ever-greater amounts of personal data. (3-4)                  Page number is
                                                                                            given in parentheses
                        Lane points out that employers can collect data whenever            after the final period.
                   employees use their computers—for example, when they send e-mail,
                   surf the Web, or even arrive at or depart from their workstations.
                        Another key difference between traditional surveillance and         Clear topic
                                                                                            sentences, like
                   electronic surveillance is that employers can monitor workers’           this one, are used
                                                                                            throughout the
                   computer use secretly. One popular monitoring method is keystroke        paper.
                   logging, which is done by means of an undetectable program on
                   employees’ computers. The Web site of a vendor for Spector Pro, a
                   popular keystroke logging program, explains that the software can
                   be installed to operate in “Stealth” mode so that it “does not show
                   up as an icon, does not appear in the Windows system tray, . . .
                   [and] cannot be uninstalled without the Spector Pro password
                   which YOU specify” (“Automatically”). As Lane explains, these            Source with an
                                                                                            unknown author is
                   programs record every key entered into the computer in hidden            cited by a shortened
                                                                                            title.
                   directories that can later be accessed or uploaded by supervisors;
                   the programs can even scan for keywords tailored to individual
                   companies (128-29).




Source: Diana Hacker (Boston: Bedford/St. Martin’s, 2007).
Orlov 3

Orlov anticipates             Some experts have argued that a range of legitimate concerns
objections and
provides sources         justifies employer monitoring of employee Internet usage. As PC
for opposing views.
                         World columnist Daniel Tynan points out, companies that don’t
                         monitor network traffic can be penalized for their ignorance:
                         “Employees could accidentally (or deliberately) spill confidential
                         information . . . or allow worms to spread throughout a corporate
                         network.” The ePolicy Institute, an organization that advises
                         companies about reducing risks from technology, reported that
                         breaches in computer security cost institutions $100 million in
                         1999 alone (Flynn). Companies also are held legally accountable
                         for many of the transactions conducted on their networks and with
                         their technology. Legal scholar Jay Kesan points out that the law
                         holds employers liable for employees’ actions such as violations
                         of copyright laws, the distribution of offensive or graphic sexual
                         material, and illegal disclosure of confidential information (312).
Transition helps              These kinds of concerns should give employers, in certain
readers move from
one paragraph to         instances, the right to monitor employee behavior. But employers
the next.
                         rushing to adopt surveillance programs might not be adequately
                         weighing the effect such programs can have on employee morale.
                              Employers must consider the possibility that employees will
                         perceive surveillance as a breach of trust that can make them feel
                         like disobedient children, not responsible adults who wish to
                         perform their jobs professionally and autonomously.
Orlov treats both             Yet determining how much autonomy workers should be given
sides fairly; she pro-
vides a transition to    is complicated by the ambiguous nature of productivity in the
her own argument.
                         wired workplace. On the one hand, computers and Internet access
                         give employees powerful tools to carry out their jobs; on the other




Source: Diana Hacker (Boston: Bedford/St. Martin’s, 2007).
Orlov 4




                   Fig. 1. This "Dilbert" comic strip suggests that personal Internet     Illustration has
                                                                                          figure number,
                   usage is widespread in the workplace (Adams 106).                      caption, and
                                                                                          source information.

                   hand, the same technology offers constant temptations to avoid
                   work. As a 2005 study by Salary.com and America Online indicates,
                   the Internet ranked as the top choice among employees for ways of
                   wasting time on the job; it beat talking with co-workers—the
                   second most popular method—by a margin of nearly two to one
                   (Frauenheim). Chris Gonsalves, an editor for eWeek.com, argues
                   that the technology has changed the terms between employers and
                   employees: “While bosses can easily detect and interrupt water-
                   cooler chatter,” he writes, “the employee who is shopping at
                   Lands’ End or IMing with fellow fantasy baseball managers may
                   actually appear to be working.” The gap between behaviors that         No page number is
                                                                                          available for this
                   are observable to managers and the employee’s actual activities        Web source.
                   when sitting behind a computer has created additional motivations
                   for employers to invest in surveillance programs. “Dilbert,” a
                   popular cartoon that spoofs office culture, aptly captures how
                   rampant recreational Internet use has become in the workplace
                   (see fig. 1).
                        But monitoring online activities can have the unintended          Orlov counters
                                                                                          opposing views
                   effect of making employees resentful. As many workers would            and provides
                                                                                          support for her
                                                                                          argument.




Source: Diana Hacker (Boston: Bedford/St. Martin’s, 2007).
Orlov 5

                     be quick to point out, Web surfing and other personal uses of
                     the Internet can provide needed outlets in the stressful work
                     environment; many scholars have argued that limiting and policing
                     these outlets can exacerbate tensions between employees and
Orlov uses a brief   managers. Kesan warns that “prohibiting personal use can seem
signal phrase to
move from her        extremely arbitrary and can seriously harm morale. . . . Imagine
argument to the
words of a source.
                     a concerned parent who is prohibited from checking on a sick
                     child by a draconian company policy” (315-16). As this analysis
                     indicates, employees can become disgruntled when Internet usage
                     policies are enforced to their full extent.
                          Additionally, many experts disagree with employers’
                     assumption that online monitoring can increase productivity.
                     Employment law attorney Joseph Schmitt argues that, particularly
                     for employees who are paid a salary rather than by the hour, “a
                     company shouldn’t care whether employees spend one or 10 hours
                     on the Internet as long as they are getting their jobs done—and
Orlov cites an       provided that they are not accessing inappropriate sites” (qtd. in
indirect source:
words quoted in      Verespej). Other experts even argue that time spent on personal
another source.
                     Internet browsing can actually be productive for companies.
                     According to Bill Coleman, an executive at Salary.com, “Personal
                     Internet use and casual office conversations often turn into new
                     business ideas or suggestions for gaining operating efficiencies”
                     (qtd. in Frauenheim). Employers, in other words, may benefit from
                     showing more faith in their employees’ ability to exercise their
                     autonomy.
                          Employees’ right to privacy and autonomy in the workplace,
                     however, remains a murky area of the law. Although evaluating




Source: Diana Hacker (Boston: Bedford/St. Martin’s, 2007).
Orlov 6

                   where to draw the line between employee rights and employer
                   powers is often a duty that falls to the judicial system, the courts
                   have shown little willingness to intrude on employers’ exercise of
                   control over their computer networks. Federal law provides few
                   guidelines related to online monitoring of employees, and only
                   Connecticut and Delaware require companies to disclose this type
                   of surveillance to employees (Tam et al.). “It is unlikely that we
                   will see a legally guaranteed zone of privacy in the American
                   workplace,” predicts Kesan (293). This reality leaves employees
                   and employers to sort the potential risks and benefits of technology
                   in contract agreements and terms of employment. With continuing         Orlov sums up
                                                                                           her argument and
                   advances in technology, protecting both employers and employees         suggests a course
                                                                                           of action.
                   will require greater awareness of these programs, better disclosure
                   to employees, and a more public discussion about what types of
                   protections are necessary to guard individual freedoms in the wired
                   workplace.




Source: Diana Hacker (Boston: Bedford/St. Martin’s, 2007).
Orlov 7

Heading is centered.                                Works Cited
                       Adams, Scott. Dilbert and the Way of the Weasel. New York: Harper,
                            2002. Print.
List is alphabetized   American Management Association and ePolicy Institute. “2005
by authors’ last
names (or by title          Electronic Monitoring and Surveillance Survey.” American
when a work has
no author).
                            Management Association. American Management Assn., 2005.
                            Web. 15 Feb. 2006.
                       “Automatically Record Everything They Do Online! Spector Pro 5.0
Abbreviation “n.d.”         FAQ’s.” Netbus.org. Netbus.org, n.d. Web. 17 Feb. 2006.
indicates that the
online source has      Flynn, Nancy. “Internet Policies.” ePolicy Institute. ePolicy Inst.,
no update date.
                            n.d. Web. 15 Feb. 2006.
                       Frauenheim, Ed. “Stop Reading This Headline and Get Back to
                            Work.” CNET News.com. CNET Networks, 11 July 2005. Web.
                            17 Feb. 2006.
First line of each     Gonsalves, Chris. “Wasting Away on the Web.” eWeek.com. Ziff
entry is at the left
margin; extra lines         Davis Enterprise Holdings, 8 Aug. 2005. Web. 16 Feb. 2006.
are indented 1⁄ 2''.
                       Kesan, Jay P. “Cyber-Working or Cyber-Shirking? A First Principles
                            Examination of Electronic Privacy in the Workplace.” Florida
                            Law Review 54.2 (2002): 289-332. Print.
Double-spacing is      Lane, Frederick S., III. The Naked Employee: How Technology
used throughout.
                            Is Compromising Workplace Privacy. New York: Amer.
                            Management Assn., 2003. Print.
A work with four       Tam, Pui-Wing, et al. “Snooping E-Mail by Software Is Now a
authors is listed by
the first author’s          Workplace Norm.” Wall Street Journal 9 Mar. 2005: B1+. Print.
name and the ab-
                       Tynan, Daniel. “Your Boss Is Watching.” PC World. PC World
breviation “et al.”
(for “and others”).         Communications, 6 Oct. 2004. Web. 17 Sept. 2006.




Source: Diana Hacker (Boston: Bedford/St. Martin’s, 2007).
Orlov 8

                   Verespej, Michael A. “Inappropriate Internet Surfing.” Industry Week.
                        Penton Media, 7 Feb. 2000. Web. 16 Feb. 2006.




Source: Diana Hacker (Boston: Bedford/St. Martin’s, 2007).

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Hacker orlov-mla

  • 1. MLA Research Paper (Orlov) Orlov 1 Anna Orlov Professor Willis English 101 17 March XXXX Title is centered. Online Monitoring: A Threat to Employee Privacy in the Wired Workplace Opening sentences As the Internet has become an integral tool of businesses, provide background for thesis. company policies on Internet usage have become as common as policies regarding vacation days or sexual harassment. A 2005 study by the American Management Association and ePolicy Institute found that 76% of companies monitor employees’ use of the Web, and the number of companies that block employees’ access to certain Web sites has increased 27% since 2001 (1). Unlike other company rules, however, Internet usage policies often include language authorizing companies to secretly monitor their employees, a practice that raises questions about rights in the Thesis asserts workplace. Although companies often have legitimate concerns Orlov’s main point. that lead them to monitor employees’ Internet usage—from expensive security breaches to reduced productivity—the benefits of electronic surveillance are outweighed by its costs to employees’ privacy and autonomy. While surveillance of employees is not a new phenomenon, electronic surveillance allows employers to monitor workers with Summary and long unprecedented efficiency. In his book The Naked Employee, quotation are introduced with a Frederick Lane describes offline ways in which employers have been signal phrase naming the author. permitted to intrude on employees’ privacy for decades, such as drug testing, background checks, psychological exams, lie detector Marginal annotations indicate MLA-style formatting and effective writing. Source: Diana Hacker (Boston: Bedford/St. Martin’s, 2007). This paper has been updated to follow the style guidelines in the MLA Handbook for Writers of Research Papers, 7th ed. (2009).
  • 2. Orlov 2 tests, and in-store video surveillance. The difference, Lane argues, between these old methods of data gathering and electronic surveillance involves quantity: Technology makes it possible for employers to gather Long quotation is set off from the enormous amounts of data about employees, often text; quotation marks are omitted. far beyond what is necessary to satisfy safety or productivity concerns. And the trends that drive technology—faster, smaller, cheaper—make it possible for larger and larger numbers of employers to gather ever-greater amounts of personal data. (3-4) Page number is given in parentheses Lane points out that employers can collect data whenever after the final period. employees use their computers—for example, when they send e-mail, surf the Web, or even arrive at or depart from their workstations. Another key difference between traditional surveillance and Clear topic sentences, like electronic surveillance is that employers can monitor workers’ this one, are used throughout the computer use secretly. One popular monitoring method is keystroke paper. logging, which is done by means of an undetectable program on employees’ computers. The Web site of a vendor for Spector Pro, a popular keystroke logging program, explains that the software can be installed to operate in “Stealth” mode so that it “does not show up as an icon, does not appear in the Windows system tray, . . . [and] cannot be uninstalled without the Spector Pro password which YOU specify” (“Automatically”). As Lane explains, these Source with an unknown author is programs record every key entered into the computer in hidden cited by a shortened title. directories that can later be accessed or uploaded by supervisors; the programs can even scan for keywords tailored to individual companies (128-29). Source: Diana Hacker (Boston: Bedford/St. Martin’s, 2007).
  • 3. Orlov 3 Orlov anticipates Some experts have argued that a range of legitimate concerns objections and provides sources justifies employer monitoring of employee Internet usage. As PC for opposing views. World columnist Daniel Tynan points out, companies that don’t monitor network traffic can be penalized for their ignorance: “Employees could accidentally (or deliberately) spill confidential information . . . or allow worms to spread throughout a corporate network.” The ePolicy Institute, an organization that advises companies about reducing risks from technology, reported that breaches in computer security cost institutions $100 million in 1999 alone (Flynn). Companies also are held legally accountable for many of the transactions conducted on their networks and with their technology. Legal scholar Jay Kesan points out that the law holds employers liable for employees’ actions such as violations of copyright laws, the distribution of offensive or graphic sexual material, and illegal disclosure of confidential information (312). Transition helps These kinds of concerns should give employers, in certain readers move from one paragraph to instances, the right to monitor employee behavior. But employers the next. rushing to adopt surveillance programs might not be adequately weighing the effect such programs can have on employee morale. Employers must consider the possibility that employees will perceive surveillance as a breach of trust that can make them feel like disobedient children, not responsible adults who wish to perform their jobs professionally and autonomously. Orlov treats both Yet determining how much autonomy workers should be given sides fairly; she pro- vides a transition to is complicated by the ambiguous nature of productivity in the her own argument. wired workplace. On the one hand, computers and Internet access give employees powerful tools to carry out their jobs; on the other Source: Diana Hacker (Boston: Bedford/St. Martin’s, 2007).
  • 4. Orlov 4 Fig. 1. This "Dilbert" comic strip suggests that personal Internet Illustration has figure number, usage is widespread in the workplace (Adams 106). caption, and source information. hand, the same technology offers constant temptations to avoid work. As a 2005 study by Salary.com and America Online indicates, the Internet ranked as the top choice among employees for ways of wasting time on the job; it beat talking with co-workers—the second most popular method—by a margin of nearly two to one (Frauenheim). Chris Gonsalves, an editor for eWeek.com, argues that the technology has changed the terms between employers and employees: “While bosses can easily detect and interrupt water- cooler chatter,” he writes, “the employee who is shopping at Lands’ End or IMing with fellow fantasy baseball managers may actually appear to be working.” The gap between behaviors that No page number is available for this are observable to managers and the employee’s actual activities Web source. when sitting behind a computer has created additional motivations for employers to invest in surveillance programs. “Dilbert,” a popular cartoon that spoofs office culture, aptly captures how rampant recreational Internet use has become in the workplace (see fig. 1). But monitoring online activities can have the unintended Orlov counters opposing views effect of making employees resentful. As many workers would and provides support for her argument. Source: Diana Hacker (Boston: Bedford/St. Martin’s, 2007).
  • 5. Orlov 5 be quick to point out, Web surfing and other personal uses of the Internet can provide needed outlets in the stressful work environment; many scholars have argued that limiting and policing these outlets can exacerbate tensions between employees and Orlov uses a brief managers. Kesan warns that “prohibiting personal use can seem signal phrase to move from her extremely arbitrary and can seriously harm morale. . . . Imagine argument to the words of a source. a concerned parent who is prohibited from checking on a sick child by a draconian company policy” (315-16). As this analysis indicates, employees can become disgruntled when Internet usage policies are enforced to their full extent. Additionally, many experts disagree with employers’ assumption that online monitoring can increase productivity. Employment law attorney Joseph Schmitt argues that, particularly for employees who are paid a salary rather than by the hour, “a company shouldn’t care whether employees spend one or 10 hours on the Internet as long as they are getting their jobs done—and Orlov cites an provided that they are not accessing inappropriate sites” (qtd. in indirect source: words quoted in Verespej). Other experts even argue that time spent on personal another source. Internet browsing can actually be productive for companies. According to Bill Coleman, an executive at Salary.com, “Personal Internet use and casual office conversations often turn into new business ideas or suggestions for gaining operating efficiencies” (qtd. in Frauenheim). Employers, in other words, may benefit from showing more faith in their employees’ ability to exercise their autonomy. Employees’ right to privacy and autonomy in the workplace, however, remains a murky area of the law. Although evaluating Source: Diana Hacker (Boston: Bedford/St. Martin’s, 2007).
  • 6. Orlov 6 where to draw the line between employee rights and employer powers is often a duty that falls to the judicial system, the courts have shown little willingness to intrude on employers’ exercise of control over their computer networks. Federal law provides few guidelines related to online monitoring of employees, and only Connecticut and Delaware require companies to disclose this type of surveillance to employees (Tam et al.). “It is unlikely that we will see a legally guaranteed zone of privacy in the American workplace,” predicts Kesan (293). This reality leaves employees and employers to sort the potential risks and benefits of technology in contract agreements and terms of employment. With continuing Orlov sums up her argument and advances in technology, protecting both employers and employees suggests a course of action. will require greater awareness of these programs, better disclosure to employees, and a more public discussion about what types of protections are necessary to guard individual freedoms in the wired workplace. Source: Diana Hacker (Boston: Bedford/St. Martin’s, 2007).
  • 7. Orlov 7 Heading is centered. Works Cited Adams, Scott. Dilbert and the Way of the Weasel. New York: Harper, 2002. Print. List is alphabetized American Management Association and ePolicy Institute. “2005 by authors’ last names (or by title Electronic Monitoring and Surveillance Survey.” American when a work has no author). Management Association. American Management Assn., 2005. Web. 15 Feb. 2006. “Automatically Record Everything They Do Online! Spector Pro 5.0 Abbreviation “n.d.” FAQ’s.” Netbus.org. Netbus.org, n.d. Web. 17 Feb. 2006. indicates that the online source has Flynn, Nancy. “Internet Policies.” ePolicy Institute. ePolicy Inst., no update date. n.d. Web. 15 Feb. 2006. Frauenheim, Ed. “Stop Reading This Headline and Get Back to Work.” CNET News.com. CNET Networks, 11 July 2005. Web. 17 Feb. 2006. First line of each Gonsalves, Chris. “Wasting Away on the Web.” eWeek.com. Ziff entry is at the left margin; extra lines Davis Enterprise Holdings, 8 Aug. 2005. Web. 16 Feb. 2006. are indented 1⁄ 2''. Kesan, Jay P. “Cyber-Working or Cyber-Shirking? A First Principles Examination of Electronic Privacy in the Workplace.” Florida Law Review 54.2 (2002): 289-332. Print. Double-spacing is Lane, Frederick S., III. The Naked Employee: How Technology used throughout. Is Compromising Workplace Privacy. New York: Amer. Management Assn., 2003. Print. A work with four Tam, Pui-Wing, et al. “Snooping E-Mail by Software Is Now a authors is listed by the first author’s Workplace Norm.” Wall Street Journal 9 Mar. 2005: B1+. Print. name and the ab- Tynan, Daniel. “Your Boss Is Watching.” PC World. PC World breviation “et al.” (for “and others”). Communications, 6 Oct. 2004. Web. 17 Sept. 2006. Source: Diana Hacker (Boston: Bedford/St. Martin’s, 2007).
  • 8. Orlov 8 Verespej, Michael A. “Inappropriate Internet Surfing.” Industry Week. Penton Media, 7 Feb. 2000. Web. 16 Feb. 2006. Source: Diana Hacker (Boston: Bedford/St. Martin’s, 2007).