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    Law and Ethical Considerations

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    1.Judge Weiner points out that Smyth's e-mail messages were "voluntarily" placed on the Pillsbury system, and that Pillsbury never forced the kind of disclosure that goes along with urine testing for drugs, for example. In a sense, the judge is saying that Smyth consented to the monitoring. Do you agree?
    2.What impact has 9/11 had on one's individual right to privacy? Has this impact been a positive or a negative for society?
    3.Hi-tech surveillance is not soley directed by employers at workers. American businesses have always been interested in capturing confidential information and trade secrets from competitors. How far can a company go in this direction without crossing the line?
    4.Try to image yourself in Albany as this New York law was being debated. What policy issues might have been raised in favor of passing the law? Against?( question 2. state of new york against Walmart. ATTACHED IS THE LINK:http://books.google.fr/books?id=HejmJSrzGK8C&pg=PA95&lpg=PA95&dq=in+february+1993,+defendant+discharged+two+of+its+employees&source=bl&ots=bq96YvWRqd&sig=2vVTskQsZAN6u0efvTF5waxuc1Y&hl=fr&ei=Rn1uToi_MIbx0gHpmdCJBQ&sa=X&oi=book_result&ct=result&resnum=3&sqi=2&ved=0CCkQ6AEwAg#v=onepage&q=in%20february%201993%2C%20defendant%20discharged%20two%20of%20its%20employees&f=false
    5.Do you agree that there should be a difference between the treatment of prospective as opposed to current employees where drug testing is concerned?
    6.Why do you think employers are interested in the results of genetic testing of their employees? In addition, do you believe an employer should be able to require an employee to have a genetic test done as a condition of their employment? Why or why not?

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    I agree with the judge's conclusion that Smith's participation in the use of the Pillsbury system was indeed voluntary, and that the Pillsbury never forced the level of disclosure that is required when individuals submit to urinalysis testing. Smith voluntarily used the Pillsbury system, with the knowledge that there would be guidelines and ramifications against inappropriate communications, and this in of itself would alert any reasonable person that the e-mail communications with have to be monitored by this organization in order to make the determination as to whether or not there were inappropriate communications between the users of the system. So in essence, I would totally agree that Smith voluntarily used the system with full knowledge of its ramifications, and the possible probable outcomes involved with the use of the system.

    2. I believe that 9/11 has had a somewhat significant impact on an individual's right to privacy in certain situations. An Individual's reasonable expectation of a right to privacy has been altered in some ways, due to the fact that national security takes precedence over an individual's rights to privacy in some respects. An individual can still expect to be protected under the fourth amendment of the United States Constitution ...