Millions of Americans daily use their work email accounts, computer networks and smartphones to send and receive personal messages. Most do so without seriously considering whether their employers permit or prohibit such non-business and unofficial use of their work accounts, or whether their employers could or do monitor and review such messages and the implications of such a right to monitor. Indeed, given the hours spent at work and the ubiquitous nature of electronic messages as a mode of communication, it would be virtually impossible for many employees not to use their work accounts for personal messages.
In recognition of this reality, many employers now expressly permit limited incidental personal use of employer-provided email accounts and computer hardware (while specifically prohibiting illegal or offensive communications, such as transmitting pornography, engaging in sexual harassment, forwarding junk emails, and installing pirated, copyrighted or unauthorized materials). Most policies also provide that the employer may review messages transmitted through or stored on work accounts and systems, regardless of whether the employer in fact conducts such a review.
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