Is your employer keeping track of your digital activities?

Let’s be honest—you’ve probably used your work computer for personal browsing. In fact, if you’re reading this at work, you might already be guilty. A September 2000 study by eMarketer found that over 70% of adult internet users have accessed the web for personal reasons while on the clock. Workers are checking their email, shopping, playing games, browsing adult content, reviewing stock prices, and even gambling during work hours.

Don’t think your ‘cyberslacking’ is slipping under the radar. With just a simple software tool, your boss can tap into your computer and monitor your every move in real time. Whether or not you’re wasting company time, your computer could be under constant surveillance. Employers aren’t obligated to inform you when they’re tracking your activity.

The ongoing debate surrounding workplace monitoring revolves around the issue of employee privacy rights. In this article, you’ll explore different types of software that allow employers to monitor your computer activity. We’ll also delve into the legalities surrounding these practices.

The Growing Trend of Systematic Surveillance

The increasing number of employers monitoring their staff is driven by the affordability of surveillance technology, a rise in employees using computers for personal activities, and more cases of sensitive company data being leaked. Employers are also intensifying surveillance to prevent sexual harassment and discrimination lawsuits triggered by inappropriate or offensive e-mails circulating within the workplace.

Instead of just focusing on employees who show suspicious behavior, many companies are now adopting a policy of “continuous, systematic surveillance” in the workplace, as detailed in a Privacy Foundation study by Andrew Schulman. Reports of employees being dismissed for misusing company computers are on the rise as more employers implement electronic monitoring software.

Computers leave behind a digital trail that gives employers all the information they need about an employee’s activities. For employers, computers act as perfect surveillance tools. There’s little that can prevent them from utilizing these tracking methods.

There are five primary methods employers use to monitor employee activities:

Computer surveillance programs have names like Shadow, SpyAgent, Web Sleuth, and Silent Watch. These programs range in price from as low as $30 to several thousand dollars. The combination of high demand and the relatively affordable cost of these programs has led to the rise of a multi-million dollar industry in employee internet management.

Let’s take a closer look at some of the internet surveillance technologies and how they are applied.

Packet Sniffers

Network administrators have relied on packet sniffers for years to oversee their networks, conduct diagnostics, and solve technical issues. A packet sniffer is a program that monitors all the data flowing over the network it is connected to. As data travels across the network, the program ‘sniffs’ or inspects each individual packet. A packet is simply a segment of a message that has been divided up into smaller parts.

By default, a computer only processes packets that are specifically addressed to it, ignoring the rest of the network traffic. However, when a packet sniffer is installed, the computer’s network interface is switched to promiscuous mode, meaning it captures all traffic. The volume of data captured depends on the computer's position within the network. A client system located on a distant branch of the network will see only a small portion of the traffic, while the main domain server monitors nearly all of it.

A packet sniffer can generally be configured in one of two ways:

Packets containing the targeted data are saved to the hard disk as they pass by. These saved packets can then be examined in depth to uncover specific details or patterns.

When you connect to the Internet, you’re joining a network operated by your Internet service provider (ISP). This ISP network links with those of other ISPs to create the foundation of the Internet. A packet sniffer positioned at an ISP server could potentially track all of your online activities, such as:

With this data, employers can assess how much time an employee spends online and whether they are engaging in inappropriate activities.

Unlike packet sniffers, desktop monitoring programs function in a different way. They have the capability to track every action you take on your computer.

Desktop Monitoring

Every action you perform on your computer, whether typing on the keyboard or launching an application, sends a signal. These signals can be captured by desktop monitoring software, which can be installed either at the operating system level or directly at the assembly level. The person intercepting these signals can see everything you type and even duplicate what’s displayed on your screen in real-time.

Desktop monitoring software can be installed in two main ways:

Desktop monitoring tools can track every keystroke you make. When you type, a signal is sent from the keyboard to the program you're using. This signal can be intercepted and either streamed to the person who set up the monitoring software or saved and later sent as a text file. Typically, the data is sent to a system administrator, but these keystroke capture programs are also commonly used by "hackers."

Hackers frequently employ desktop monitoring tools to capture user passwords. These programs also make it easy for criminals to steal credit card numbers and other sensitive personal information by recording keystrokes.

Employers can use desktop monitoring programs to monitor emails and view any programs open on your screen. Desktop replicating software works by intercepting signals from the computer's video card to capture images of the screen. These images are then transmitted over the network to the system administrator. Some monitoring software also includes an alert system, which notifies the administrator if a user visits a prohibited website or sends inappropriate messages.

Employers don't always need to install additional software to monitor your computer activity. In fact, there are built-in systems within every computer that make tracking your actions quite simple.

Log Files

Your computer stores numerous log files that record your actions. These files provide system administrators with the ability to track your internet activity, email correspondences, and the applications you're using. For instance, if you're downloading MP3 files, there's likely a log file documenting that particular activity.

Even if you delete files or emails thinking you've erased all traces, log files often remain accessible. Deleting a file doesn't remove all evidence. Log files can still be found in various places, including these common locations:

If the hard drives of both an employee's computer and a system administrator's computer are connected, the system administrator can remotely access and view the log files. However, the administrator must have permission to access the drive. Alternatively, a system administrator can check the computer either before the employee arrives or after they leave for the day.

You might be surprised to learn just how many companies are actively monitoring their employees' activities. In the next section, you'll discover just how widespread this practice is.

Workplace Eavesdropping

While computer surveillance remains the dominant method for tracking employee behavior, employers still use traditional methods such as listening in on phone calls, storing and reviewing voice mail, and recording video of employees at work, according to the American Management Association (AMA).

"With the increasing demands of a 24/7 workweek, the boundaries between personal and professional life can become blurred, but employees should exercise discretion when engaging in personal activities during work hours," said Ellen Bayer, AMA's human resources practice leader.

Currently, 78 percent of companies are using some form of surveillance system. Below is a breakdown of the surveillance methods they employ:

The ACLU estimates that employers eavesdrop on around 400 million phone calls each year. Federal wiretap laws prohibit eavesdropping unless one of the participants consents. However, the Electronic Communication Privacy Act of 1986 allows employers to monitor "job-related" conversations. The ECPA essentially gives employers broad leeway, as it can be argued that determining whether a call is personal or job-related only takes a few minutes.

Besides monitoring phone calls, employers often install video cameras in the workplace to observe employee activity. Some small cameras are strategically placed to focus on employees' computers, allowing their computer activity to be monitored as well.

"Privacy in the modern workplace is largely an illusion," said Bayer. "With the prevalence of open-plan offices, shared workspaces, interconnected computers, and remote workers, it's difficult to hold on to the idea of private space. Work is done on equipment owned by employers, who have a legal claim to the output produced by the employees using it."

In the following section, we will delve into the legal aspects of workplace surveillance and explore how much privacy you can realistically expect while at work.

Privacy Laws

Simply put, U.S. courts typically lean in favor of employers in workplace surveillance cases. Therefore, employees should always exercise caution when accessing the internet or sending emails. Be mindful of your words, as you never know who might be reading your messages.

According to the Electronic Communications Privacy Act (ECPA), electronic communications are categorized into two types:

According to the law, electronic communication in transit enjoys nearly the same level of protection as voice communication, meaning intercepting it is prohibited. However, accessing stored electronic communication, like email sitting on a server awaiting delivery, is not considered illegal. Courts have determined that since the email is not physically moving – it is not 'in transit' – it doesn't receive the same level of protection.

This contradicts laws governing traditional mail systems. If the U.S. Postal Service operated this way, no one would be able to open your mail while it was en route to your mailbox, but once it arrived and stopped moving, your neighbors could freely open and read it. Of course, this is not how postal laws work. Tampering with someone else's mail is illegal.

While the U.S. Constitution doesn't explicitly grant a right to privacy, the U.S. Supreme Court has long supported an implied right to privacy. However, this right doesn't extend to employees. Courts often support the notion that since companies own the equipment and office space, they are entitled to monitor their employees to prevent misuse of company property.

With the increasing installation of monitoring devices and technologies in workplaces, you should think twice before sending that email to your mom or browsing your favorite online store while on the clock. Your employer could be watching, listening, and recording your activities.