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The digital revolution has hit the American workplace. Relying on electronic technology for efficiency, companies typically provide cell phones, computers–including Internet access and e-mail–voice mail and PDAs, such as BlackBerries or pagers. This technology, however, poses risks. Apart from “cyberloafing” productivity loss, outside cyberattacks, easy internal theft (e.g., thumb-drive downloads of proprietary information) and e-harassment, perhaps the biggest problem is the most obvious: widespread use of company equipment for personal use. A company’s electronic systems contain vast amounts of nonwork-related data. Who may legally access that information? Under what circumstances? What about privacy concerns? Naturally, the law has not kept pace with technology.

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