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Who May Be Spying on You ... and Why?

‘Gentlemen don’t read each other’s mail.’
—Secretary of State Henry L. Stimson, 1929

October 2006 By Denny Hatch
12

In the News

H-P’s Dunn Could Face Risks From Testimony
Former Chairman’s Words To Congress May Be Used Against Her in a Trial
When former Hewlett-Packard Co. Chairman Patricia Dunn testified on Capitol Hill last week on the H-P spying scandal, one congressman asked her about some handwritten notes taken by H-P’s former general counsel. The notes indicated Ms. Dunn had been briefed on a ruse by H-P’s investigators to obtain people’s personal phone records in June 2005. Ms. Dunn’s response: “I’ve seen this for the first time now.” Yesterday, Ms. Dunn was booked in the Santa Clara, Calif., sheriff’s office on four felony counts of fraud and conspiracy and released on her own recognizance.
—Peter Waldman, The Wall Street Journal, Oct. 6, 2006
From 1920 to 1933, Henry L. Stimson was secretary of state in the Hoover administration. In 1929, he closed down the State’s cryptanalytic office and his quote about gentlemen not reading each other’s mail became famous. Fortunately he changed his mind when he headed the War Department under Franklin D. Roosevelt. Had the United States not broken the Japanese code in the early years of World War II, tens of thousands of American lives would have been lost. The same is true for the Brits intercepting German radio traffic with the now-famous Enigma machines at Bletchley Park.

Down deep inside, I agree with Stimson; snooping on people gives me the creepy-crawlies.

Yet, in business and in war, it’s essential.

The Culture of Distrust
The news recently has been rife with stories of snooping by corporations, private individuals and the federal government:

* In her new memoir to be published this week, former Hewlett-Packard CEO Carly Fiorina describes her angst when private discussions with board members turned up in the media. “It is hard to convey how violated I felt,” she wrote. Subsequent to Fiorina’s firing in February 2005, leaks continued. Hewlett-Packard board Chairman Patricia Dunn allegedly contacted private detectives to find the leakers. Last week, Dunn and four others—including three outside investigators—were indicted attempting to obtain the phone records of Hewlett-Packard directors suspected of revealing confidential information to the press.

* New York State Republican candidate for attorney general, Jeanine Pirro, is being investigated for possibly hiring former New York City Police Commissioner Bernard Kerik to illegally tape conversations of her husband whom she suspected of having an affair. The brouhaha isn’t helpful to Pirro’s campaign to become New York state’s chief law enforcement officer.

* This past February, celebrity Hollywood attorney Terry Christensen was indicted for conspiring with private detective Anthony (the Pelican) Pellicano for wiretapping the conversations of billionaire MGM boss Kirk Kerkorian’s ex-wife.

* In “The Man Who Made the Twenties Roar,” a biography of the early 20th-century Andrew Mellon, which was published this week, David Cannadine describes how the enormously wealthy entrepreneur in his 40s married a woman in her early twenties. Their sensational divorce, gleefully covered in the tabloids for two years, included accounts of Mellon accusing his wife of infidelity and her countercharges that he hired private detectives and used listening devices to catch her, ultimately to no avail.

* On Dec. 16, 2005, The New York Times revealed that “months after the Sept. 11, 2001, attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States ... without the court-approved warrants ordinarily required for domestic spying, according to government officials.”

Takeaway Points to Consider:

* If I had people working for me, I would expect a certain amount of personal business to be handled in the workplace—doctors’ appointments, child issues, dinner dates, etc. For example, I would rather have an employee spend the lunch break in the office ordering merchandise on the Internet and answering personal e-mails than running around a shopping mall only to return frazzled and out of sorts.

* Presumably a hospitable office environment encourages people not to go out. This in turn should foster productivity.

* If a worker is talking on a cellphone, chances are company business isn’t being discussed. I realize people have lives, friends, families and schedules outside the workplace. I wouldn’t see an occasional cellphone call as a big deal.

* But what about the chronic goof-offs who spend hours surfing the Net, playing fantasy sports or Texas hold ‘em? If they meet or exceed their work quotas, does it matter what else they do, so long as they don’t give away company secrets or make fools of themselves? If they don’t have work quotas, I would set them and monitor the results.

* Having people on staff to spy on employees’ e-mails and phone conversations gives me the willies. What would be the return on investment in their salaries and benefits? What kind of creepy people would take such a job? What would happen to office morale and productivity if employees discovered corporate Big Brother was constantly looking over their shoulders?

* If I were running a company, I think I would make it very clear that no one’s spying on people but that the central computer system automatically saves everything—incoming and outgoing e-mails, instant messaging, phone records and Internet usage and that all of this information easily is retrievable. It seems to me this should put a damper on profligate time wasting.

* What’s your feeling about this, and what’s your corporate policy?

Web Sites Related to Today's Edition:

Foreign Intelligence Surveillance Act (FISA)
http://www.fas.org/irp/agency/doj/fisa/

§ 2511. “Interception and disclosure of wire, oral, or electronic communications prohibited”
http://tinyurl.com/aqmmb/

Secretly Track Everything on a Computer
http://www.securetactics.com/monitor

Locating People Using GPS Enabled Cellphones
http://www.travelbygps.com/articles/tracking.php/ http://www.wherify.com/
 
12

COMMENTS

Click here to leave a comment...
Comment *
Most Recent Comments:
John Friesen - Posted on October 11, 2006
The galling thing about your government's desire to snoop without warrants is that the act allows the warrants to be obtained after the fact. They just don't want the oversight, or the need to justify retroactively what they've done. So they've arrogantly arrogated carte blanche powers for who knows what real purpose.

In business, you've got to be a little careful, lest the actions of even a minor employee come back and bite you in the ass. Americans are egregiously litigious.

For my defense, I try to insert words such as kerosene fertilizer and ayatollah into cell phone conversations and emails. I also installed Track-Me-Not, a little program from NYU that constantly sends out random search queries, creating a fog for spies to peer through.
Carl Street - Posted on October 11, 2006
Eric Holmen has nailed it precisely. The REAL purpose of hiring people is to achieve a result; NOT, to nit pick their every move. Competent and intelligent managers focus on results; NOT idiotic parameters that smack of a high school hall monitor mentality. Such "managers" truly deserve the epithet of "micro-manager" as it is descriptive of their limiited intellectual ability to see the big picture. Such little old ladies of either sex should be removed from management and given an appropriate career counting pebbles on highway roadsides. My hat is off to Eric Holmen!
Carl Street
carl_street@cjstreet.com
Eric Holmen, SmartReply - Posted on October 10, 2006
We hire people to be part of a culture of success, achievement, and fun.
SO, if the goal is persofmance on these criteria, then why would we spy on staff?
If someone is not achieving these standards, you don't need to know why - porn, amazon.com, whatever distractions - can be identified and measured in performance output. You don't have to spy to know that someone isn't getting the job done or that they're creating a bad place to work.
DON'T SPY - it's counter to employee trust and exceptional job performance.
Anne Currie - Posted on October 10, 2006
There are two issues under discussion here. The first is whether you should spy on your staff to determine whether they are slacking off (the traditional use of SpyWare). The second is whether to spy on _yourself_. Why would you want to spy on yourself? Well, I do it to check I'm using my time effectively and, in particular, delegating enough. You can "spy on yourself" the old fashioned way, by keeping an activity log by hand, or if that's too dull, you can use a software product that tracks your time for you automatically, like TimeSnapper or Qlockwork. My experience using self-spying software (commonly called "MyWare") suggests that time in organizations is more likely to be wasted accidentally through poor use of business tools like email, rather than deliberately by dishonest employees. In my judgement, SpyWare doesn't help solve this problem. You get more benefit from training your employees to monitor themselves and use better email and time management techniques.
Max Bendel - Posted on October 10, 2006
Reading you articles is justifiable research. Responding to the articles may not be?
Denny Hatch - Posted on October 10, 2006
Reply to Damon:
Thanx for writing. I have no idea what the subject of each newsletter will be from week to week; it depends on what is in the news and what dots I can connect. Each issue is an attempt to relate that news story to some aspect of business?management, marketing, ethics, interpersonal relations, the law or whatever. In that sense, I would hope that folks in the office would have no trouble justifying spending five minutes two days a week on BusinessCommonSense.com. Cheers.
Craig Valine - Posted on October 10, 2006
Great article! I have been guilty of spending too much time on personal emails and surfing the Internet... when I worked for someone else! Once I became self-employed, I used Dan Kennedy's advice from 'No BS Time Management..." and strictly enforce my need to get things done. I am committed to being as efficient as possible when it comes to my work. As for security issues, I believe, and I'm not a pessimist, that there is no real way to keep things private. All you can do is trust that someone won't share an email with others, even if you do put "please delete after reading this" or "don't share this with another soul". People will do things for their own reasons, even if it means sometimes ruining a relationship, whether it be personal or professional. It's in line to "not thinking before acting". Consequences mean nothing at the time of this sharing. I suggest private issues be done by snail mail, be hand delivered, or be done in person. It's a fantasy to think it can all be done that way. But, again, there is no sure-thing when it comes to privacy. - cv
Damon Thompson - Posted on October 10, 2006
Got a question for you, Denny - how would you classify those of us who read your newsletter at work?
John Thompson - Posted on October 10, 2006
Denny,

In your takeaway points you note that cell phone calls are probably personal calls. Not so for many of us. Our cell phone is our primary phone. I would estimate that 95%+ of all my work calls go to my mobile phone. It is easier, better and more immediate than voicemail. I am at the point of where I could do away with voicemail. Actually, my outbound message on my voicemail encourages people to not leave a message and call my mobile to have a discussion on the spot.

Best,
John
Jillian - Posted on October 10, 2006
It is pattently unethical to spy on workers. If they have agreed to be your loyal employee, for whatever amount of time, and have afforded you the courtesy of their time, day in & day out; sick day and well day; sunny day & rainy day; childrens' birthdays, championship games, and plays, and everything in between because in American business you cannot afford to lose the productivity of more than 6 most absolute goverment-ordered holidays...If the employee can submit THAT MUCH to you, and then continue to submit in overtime because they don't want to be fired for laziness - I think it may be wise to FAIRLY monitor company equipment use. Some businesses guard against overuse of paper & copiers by giving a pass code with a maximum quantity of use to each employee. A discussion is had about this practice.

It is my assumption that a company who doesn't raise the discussion of monitoring the use of their computer and telecommunication equipment WANTS to spy on its employees. And WANTS to find wayword workers. And WANTS to fire them. Why? I don't know. If the idea is to increase productivity (because let's face it MONEY is the ultimate driving force here) I would assume it is easier to alert the current employees to constant activity monitoring, and have "the IT guy" run random checks across the system to ensure compliance, than it is to bring in a corporate "spy" and go through the expense of firing, hiring and training more wayward employees, whom you don't alert to the spying.

Ahhh, but in my radically fair scenario, the BOSS & upper management have to comply as well...
Carl Street - Posted on October 10, 2006
If you were on a cruise ship and the Captain suddenly announced, "We are in danger of sinking so everyone must now take off their life jackets" you would think that Captain was at least incompetent, if not deranged.

Civil liberties are the personal life jacket that protects the individual from the awesome power of the State. History shows that State power is at its most dangerous in times of emergency. Thus, the need for civil liberties not only does NOT decline at such times; it actually increases.

Anyone who has studied the Constitution and the writings (Federalist Papers) of the individuals who wrote it, KNOWS that they designed a document to guarantee civil liberties IN TIMES OF EMERGENCY and stressed repeatedly that there was actually little need for Constitutional guarantees of civil liberties in times of peace and prosperity; however, the need to apply an objective standard of reason and restraint during the emotionally charged times of emergency was their fundamental purpose.

Consequently, those who advocate the suspension of civil liberties during "war" can hardly claim to be Americans; regardless of their national origin. Being an American is an intellectual and ethical commitment to a system of restrained governance; NOT, an ethnicity based on the location of one's birth. I suggest such individuals READ and STUDY the writings of James Madison and Thomas Jefferson; then hang their heads and shame and apologize to all REAL Americans for their vocal ignorance.

Carl Street
carl_street@cjstreet.com
Ryan Smyth - Posted on October 10, 2006
Oh bother...

If I own the company, then you'd better not be surfing porn without a VERY good reason. (I actually need to do this from time to time in my job - believe it or not...) Texas Hold 'em? Huh? You're fired. Personal emails from a corporate email account? NOT! Reprimand. (Send your personal emails from YOUR email account.)

Contacting business leads through your personal account... Now we're getting juicy...

Spying is natural. But if I own the hardware and software, then I should get to do what I want with it. If you're not interested in revealing personal things, then use your own hardware.

Business time is business time. While everyone needs a break, and some leaway can be made, at some point there needs to be a line. This doesn't need to be a legal line, but each company should be able to draw that line in the sand and say what is or is not acceptable.

Bother... I don't have time for this. But at least I'm writing from hardware and software that I own. ;)
Click here to view archived comments...
Archived Comments:
John Friesen - Posted on October 11, 2006
The galling thing about your government's desire to snoop without warrants is that the act allows the warrants to be obtained after the fact. They just don't want the oversight, or the need to justify retroactively what they've done. So they've arrogantly arrogated carte blanche powers for who knows what real purpose.

In business, you've got to be a little careful, lest the actions of even a minor employee come back and bite you in the ass. Americans are egregiously litigious.

For my defense, I try to insert words such as kerosene fertilizer and ayatollah into cell phone conversations and emails. I also installed Track-Me-Not, a little program from NYU that constantly sends out random search queries, creating a fog for spies to peer through.
Carl Street - Posted on October 11, 2006
Eric Holmen has nailed it precisely. The REAL purpose of hiring people is to achieve a result; NOT, to nit pick their every move. Competent and intelligent managers focus on results; NOT idiotic parameters that smack of a high school hall monitor mentality. Such "managers" truly deserve the epithet of "micro-manager" as it is descriptive of their limiited intellectual ability to see the big picture. Such little old ladies of either sex should be removed from management and given an appropriate career counting pebbles on highway roadsides. My hat is off to Eric Holmen!
Carl Street
carl_street@cjstreet.com
Eric Holmen, SmartReply - Posted on October 10, 2006
We hire people to be part of a culture of success, achievement, and fun.
SO, if the goal is persofmance on these criteria, then why would we spy on staff?
If someone is not achieving these standards, you don't need to know why - porn, amazon.com, whatever distractions - can be identified and measured in performance output. You don't have to spy to know that someone isn't getting the job done or that they're creating a bad place to work.
DON'T SPY - it's counter to employee trust and exceptional job performance.
Anne Currie - Posted on October 10, 2006
There are two issues under discussion here. The first is whether you should spy on your staff to determine whether they are slacking off (the traditional use of SpyWare). The second is whether to spy on _yourself_. Why would you want to spy on yourself? Well, I do it to check I'm using my time effectively and, in particular, delegating enough. You can "spy on yourself" the old fashioned way, by keeping an activity log by hand, or if that's too dull, you can use a software product that tracks your time for you automatically, like TimeSnapper or Qlockwork. My experience using self-spying software (commonly called "MyWare") suggests that time in organizations is more likely to be wasted accidentally through poor use of business tools like email, rather than deliberately by dishonest employees. In my judgement, SpyWare doesn't help solve this problem. You get more benefit from training your employees to monitor themselves and use better email and time management techniques.
Max Bendel - Posted on October 10, 2006
Reading you articles is justifiable research. Responding to the articles may not be?
Denny Hatch - Posted on October 10, 2006
Reply to Damon:
Thanx for writing. I have no idea what the subject of each newsletter will be from week to week; it depends on what is in the news and what dots I can connect. Each issue is an attempt to relate that news story to some aspect of business?management, marketing, ethics, interpersonal relations, the law or whatever. In that sense, I would hope that folks in the office would have no trouble justifying spending five minutes two days a week on BusinessCommonSense.com. Cheers.
Craig Valine - Posted on October 10, 2006
Great article! I have been guilty of spending too much time on personal emails and surfing the Internet... when I worked for someone else! Once I became self-employed, I used Dan Kennedy's advice from 'No BS Time Management..." and strictly enforce my need to get things done. I am committed to being as efficient as possible when it comes to my work. As for security issues, I believe, and I'm not a pessimist, that there is no real way to keep things private. All you can do is trust that someone won't share an email with others, even if you do put "please delete after reading this" or "don't share this with another soul". People will do things for their own reasons, even if it means sometimes ruining a relationship, whether it be personal or professional. It's in line to "not thinking before acting". Consequences mean nothing at the time of this sharing. I suggest private issues be done by snail mail, be hand delivered, or be done in person. It's a fantasy to think it can all be done that way. But, again, there is no sure-thing when it comes to privacy. - cv
Damon Thompson - Posted on October 10, 2006
Got a question for you, Denny - how would you classify those of us who read your newsletter at work?
John Thompson - Posted on October 10, 2006
Denny,

In your takeaway points you note that cell phone calls are probably personal calls. Not so for many of us. Our cell phone is our primary phone. I would estimate that 95%+ of all my work calls go to my mobile phone. It is easier, better and more immediate than voicemail. I am at the point of where I could do away with voicemail. Actually, my outbound message on my voicemail encourages people to not leave a message and call my mobile to have a discussion on the spot.

Best,
John
Jillian - Posted on October 10, 2006
It is pattently unethical to spy on workers. If they have agreed to be your loyal employee, for whatever amount of time, and have afforded you the courtesy of their time, day in & day out; sick day and well day; sunny day & rainy day; childrens' birthdays, championship games, and plays, and everything in between because in American business you cannot afford to lose the productivity of more than 6 most absolute goverment-ordered holidays...If the employee can submit THAT MUCH to you, and then continue to submit in overtime because they don't want to be fired for laziness - I think it may be wise to FAIRLY monitor company equipment use. Some businesses guard against overuse of paper & copiers by giving a pass code with a maximum quantity of use to each employee. A discussion is had about this practice.

It is my assumption that a company who doesn't raise the discussion of monitoring the use of their computer and telecommunication equipment WANTS to spy on its employees. And WANTS to find wayword workers. And WANTS to fire them. Why? I don't know. If the idea is to increase productivity (because let's face it MONEY is the ultimate driving force here) I would assume it is easier to alert the current employees to constant activity monitoring, and have "the IT guy" run random checks across the system to ensure compliance, than it is to bring in a corporate "spy" and go through the expense of firing, hiring and training more wayward employees, whom you don't alert to the spying.

Ahhh, but in my radically fair scenario, the BOSS & upper management have to comply as well...
Carl Street - Posted on October 10, 2006
If you were on a cruise ship and the Captain suddenly announced, "We are in danger of sinking so everyone must now take off their life jackets" you would think that Captain was at least incompetent, if not deranged.

Civil liberties are the personal life jacket that protects the individual from the awesome power of the State. History shows that State power is at its most dangerous in times of emergency. Thus, the need for civil liberties not only does NOT decline at such times; it actually increases.

Anyone who has studied the Constitution and the writings (Federalist Papers) of the individuals who wrote it, KNOWS that they designed a document to guarantee civil liberties IN TIMES OF EMERGENCY and stressed repeatedly that there was actually little need for Constitutional guarantees of civil liberties in times of peace and prosperity; however, the need to apply an objective standard of reason and restraint during the emotionally charged times of emergency was their fundamental purpose.

Consequently, those who advocate the suspension of civil liberties during "war" can hardly claim to be Americans; regardless of their national origin. Being an American is an intellectual and ethical commitment to a system of restrained governance; NOT, an ethnicity based on the location of one's birth. I suggest such individuals READ and STUDY the writings of James Madison and Thomas Jefferson; then hang their heads and shame and apologize to all REAL Americans for their vocal ignorance.

Carl Street
carl_street@cjstreet.com
Ryan Smyth - Posted on October 10, 2006
Oh bother...

If I own the company, then you'd better not be surfing porn without a VERY good reason. (I actually need to do this from time to time in my job - believe it or not...) Texas Hold 'em? Huh? You're fired. Personal emails from a corporate email account? NOT! Reprimand. (Send your personal emails from YOUR email account.)

Contacting business leads through your personal account... Now we're getting juicy...

Spying is natural. But if I own the hardware and software, then I should get to do what I want with it. If you're not interested in revealing personal things, then use your own hardware.

Business time is business time. While everyone needs a break, and some leaway can be made, at some point there needs to be a line. This doesn't need to be a legal line, but each company should be able to draw that line in the sand and say what is or is not acceptable.

Bother... I don't have time for this. But at least I'm writing from hardware and software that I own. ;)