The Importance of Implementing a Computer Network Policy

Matthew Worley, Esq.

In an office setting, supervisors have known that improper use of the company’s technology results in poor productivity and lost profit.  There’s nothing worse than walking into an employee’s workspace and seeing facebook or youtube on the computer screen.  One of the most effective tools for preventing such abuse is implementing and enforcing a written computer network policy.

Regardless of the type of company, any computer network/IT policy should meet certain minimum standards.  The main purpose of such a policy is to explicitly define permitted and prohibited uses of the company’s computer systems.  The policy should state what the consequences for violations are as well.

Such a policy should be in writing and distributed to all employees.  Additionally, the employer needs to obtain from each employee an acknowledgement (in writing) that they received, read, and agree to abide by the policy.

In short, such a policy needs to convey to all employees that the company owns the computer systems, there is no expectation of privacy, and violations of the policy can result in discipline.  Having such a policy in place can increase productivity and keep employees accountable.

If you need advice about drafting and implementing an effective computer network and electronic communications policy, contact the team of legal experts at Fausone Bohn, LLP.  Our attorneys can walk you through the development of a policy specifically tailored to your needs.  Contact us at (248) 380-0000 or online at www.fb-firm.com.  

No Privacy on Facebook if Judge Orders you to Turn over your Password

By Wendy Alton

I have published blog articles in the past recommending that divorcing couples completely shut down their facebook page while they are going through a divorce. In the alternative, I have recommended that at least you set your privacy settings as high as possible so that any information you post cannot be viewed publicly. However, after the recent ruling from a Connecticut family law judge, I think I may go back to my first advice—shut it down. And not just facebook—everything online.

In Connecticut, a husband in a divorce case viewed some information on his wife’s facebook page that he thought would assist him in his custody battle. During his wife’s deposition, the husband’s attorney asked the wife for her passwords. She refused, but then turned them over on the advice of her attorney. (maybe not such a great idea).

But then she had second thoughts. She immediately texted a friend and had her friend log in and delete some things and change her password. Of course this was noticed by the husband and his attorney, who then brought the issue before the Judge.

What did the Judge rule? The judge ruled that the attorneys had to exchange the client’s passwords so that they could each log into each other’s accounts to do their own digging. Really.

This is a drastic move away from normal discovery. In normal discovery (the information gathering part of a lawsuit), one person asks for information (documents, answers, etc), and the other person gives it over. You ask for emails, or contact lists, not passwords so that you can just freely roam in someone’s account. It is highly unusual to ask for, and even more unusual to receive, someone’s log-in for their email, facebook, myspace, google+, etc…

If people themselves have a hard time keeping up with the social media explosion, one can only imagine the difficulty that the courts have in deciding issues like this. These are uncharted waters, and unfortunately this is a precedent that has been set that is likely a step in the wrong direction.

Again, if you are going through a divorce, it is best to shut down all of your social media. Don’t let anything you say or do online become a part of your divorce trial. It is a simple and safe step to limiting your battles, and perhaps possibly winning the war.

Read the Forbes article here: Judge Orders Divorcing Couple to Swap Facebook and Dating Site Passwords.

If you are interested in learning more about family law or divorce, or have a question about those issues, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Reading your Spouse’s emails: Snooping or Hacking?

by Wendy Alton

In my experience as a Michigan divorce lawyer, I have seen countless instances where one suspecting spouse has read the other spouse’s emails, facebook entries, or text messages, discovering that their spouse was cheating on them. These emails or text messages have been brought into my office to prove the affair, and have sometimes been used as evidence in divorce cases.

That may all change this year. Oakland County Prosecutor Jessica Cooper has criminally charged Oakland county resident Leon Walker for doing just that, and the case is set to go to trial, ironically, on Valentine’s Day.

Leon Walker was the third husband of Clara Walker, and suspected that she was having an affair with her second husband. Leon Walker accessed Clara’s laptop (that he had purchased for her), and opened her Gmail account by using her password, which he asserts that she kept in a book by the computer. Her emails revealed that she was in fact having an affair with her second husband.

Leon Walker took those emails and gave them to Clara Walker’s first husband, because Clara Walker had previously told Leon Walker that her second husband had previously beat her in front of her son from her first marriage. Leon Walker then filed for Divorce, and Clara Walker’s first husband filed for custody of their son. Clara Walker turned those emails over to the Prosecutor.

Leon Walker was charged with violating Michigan law MCL 752.795, which states that a person cannot “intentionally and without authorization” access a computer, computer program, computer network, or computer system, to “acquire, alter, damage, delete, or destroy property.” The same law prohibits spam and viruses. Despite the fact that they were married at the time he accessed her email, and despite the fact that the computer was purchased by him and her password was not kept a secret, Prosecutor Jessica Cooper charged him with a felony that is normally reserved for serious hackers—and Leon Walker now faces a penalty of up to five years in prison.

Prosecutor Jessica Cooper has publicly defended her decision to prosecute Leon Walker despite the public outcry and support for Leon Walker. Lawmakers have indicated a concern that this law would be used to prosecute parents for reading their child’s emails, and have indicated that legislation will be introduced to clarify who should be targeted by the law. It appears that lawmakers and the majority of the public share the opinion that this particular hacking law should not be used against spouses.

Unfortunately despite what will happen on the Valentine’s Day trial, the mere fact that Leon Walker was charged under this law should make people cautious about accessing the email & facebook accounts of their spouses without permission, whether or not they are going through a divorce.

If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Cheating Spouses on Facebook

by Wendy Alton

So it was just announced that San Antonio Spurs’ Tony Parker, currently divorcing from Desperate Housewife Eva Longoria, had a fling with a woman that he kept in touch with on Facebook. You can be absolutely sure that this isn’t just a celebrity phenomena. Facebook has made us all our own day-to-day celebrities as we broadcast what we do, where we go, and how we feel. We share our pictures, our jokes, our successes and our gripes. And yes, we are sharing our divorce battle stories.

Research conducted this summer showed that divorce attorneys are becoming more and more fluent in social networking sites—Facebook, MySpace, LinkedIn, YouTube and Twitter to name a few. Lawyers are using these sites to find out information about the other spouse during a divorce. There have been dozens of stories over the last year discussing how things a spouse posted online, whether a picture, wall post, or
status update, were used against that spouse in a divorce or custody proceeding.

This has become so prevalent, that there is now a website devoted solely Facebook cheating: www.facebookcheating.com. On that site, you can read articles to help you discover if your spouse is cheating, read stories of others who have experienced infidelity due to Facebook, and learn what to do with your Facebook page if you are going through a divorce.

So you ask, what exactly can be used against you from your Facebook page? EVERYTHING. Everything you say, every picture you post and every friend you have. Facebook comments, wall posts, status updates, friends, pictures and videos are admissible in Court for issues such as fault, custody, parenting time, child support, and property division.

In my own experience as a Michigan divorce lawyer, I have not only used Facebook evidence in divorce and custody proceedings, my opposing attorney has used the same against my own clients. For example, Facebook can be used to prove extra-marital relationships. It can be used to show alcohol use. Every disparaging comment said about your soon-to-be-ex-spouse is printed, saved, and presented to court to show that public derogatory comments are being made about the other spouse, and yes, that is considered by the court in a custody dispute.

It is absolutely essential to guard what you do online on Facebook if you are going through a divorce. The safest solution is to deactivate your Facebook page. This will take you page offline until you sign in next. You will not lose your friends, nor your posts or pictures—it will just take your page out of general public view. Once your divorce is final, then you can activate once again.

Some say that you should just adjust your privacy settings. However, remember that your friends will see everything you post—and during a divorce, sometimes your friends are not necessarily on your side. On the other hand, keeping your Facebook page allows you to see what your spouse may be doing, if they are on Facebook. After all, it is the war of the roses, right?

If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Veteran Service Organizations & Facebook

by Jim Fausone

VSOs play an important role in the reintegration of troops into society and the delivery of veteran benefits information. The reduction in members is of concern to the survival of VSOs. These groups have to make themselves more relevant to today's veterans. The groups are adopting the use of social media.

The American Legion has about 20,000 Facebook members. IAVA has 169,000 supporters on Facebook. VFW has 64,000 Facebook followers. Connecting by use of social media is just one step in remaining relevant. Others are discussed in the attached article.

http://www.armytimes.com/news/2010/11/army-vets-turn-to-social-media-111910w/

Facebook

For all our friends out there, we have a new Facebook page. Visit us at Facebook

Shortly we will have a link posted on our website to make the connection even easier!

Divorcing? Stay Away from Facebook

Several reasons to stay away Facebook during a divorce were made clear in a recent AP news article titled “Divorce Lawyers: Facebook tops in online evidence.”

Divorce lawyers are quickly becoming fluent in Facebook, MySpace and Twitter in order to find out more information about the other spouse during a divorce.

What exactly can be used against you from your Facebook page? EVERYTHING. Everything you say, every picture you post and every friend you have.

Facebook comments, wall posts, status updates, friends, pictures and videos are admissible in Court for issues such as fault, custody, parenting time, child support, and property division.

If you are going through a divorce, the safest solution is to deactivate your Facebook page. This will take your page offline until you sign in next. You will not lose your friends, nor your posts or pictures—it will just take your page out of general public view. Once your divorce is final, then you can activate once again.

Some say that you should just adjust your privacy settings. However, remember that your friends will see everything you post—and during a divorce, sometimes your friends are not necessarily on your side.

You can read the AP/Yahoo article here: Facebook Tops in Online Evidence

If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.