Much like everything else involving the Internet, the restrictions on use of e-mail in connection with e-commerce are still largely undefined. E-mail has clearly taken hold as an e-commerce tool, which gives rise to lots of legal issues relating to its use or misuse. Potential legal issues include:
■Spamming (unlawful or inappropriate solicitation in a business context);
■Misuse of e-mail by employees, creating vicarious liability for the employer; and
■Communications giving rise to civil or criminal liability (e.g., securities laws violations);
As an employer, it’s extremely important to control the use of e-mail in your business. You should have a policy regarding its use. It should also be made clear to employees that your e-mail and computer system are property of the employer and that the employer has the complete and total ability to control its usage. It should further be made clear that employees have no privacy rights with respect to communications involving company e-mail and that the employer has the right at all times to monitor and inspect such e-mail. Any communications generated on the e-mail should likewise be the property of the employer. It should be made clear to employees that they cannot use e-mail for unauthorized purposes.