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Employers and Schools that Demand Account Passwords and the Future of Cloud Privacy

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3 Responses

  1. David Glenn says:

    This kind of serious issues should carefully studied and implemented strictly without violating our rights as citizens.

  2. Matt Bodie says:

    Dan — I think there’s also a strong argument that these practices would violate the intrusion upon seclusion tort. These requests seem like clear intentional intrusions, and I think the average person would find them to be highly offensive. I’ve worked on this issue for the Restatement of Employment Law; the latest version recognizes that it is a tort to require the employee to provide information that would otherwise be private if such a requirement is highly offensive (Sec. 7.04; see here: http://www.ali.org/00021333/Employment_Law_TD5_online.pdf). I’m curious to hear if any common-law claims have been brought against this new trend.

  3. PrometheeFeu says:

    Can you clarify as to where you think the CFAA comes in? All the examples you described seem to include authorized access only.

    Also, do you have numbers perhaps which would back up the assertion that these practices are prevalent?

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