Federal Communications Law Journal

Document Type


Publication Date


Publication Citation

54 Federal Communications Law Journal 79 (2001)


On July 20, 2000, an interesting mix of federal legislators proposed legislation that would affect monitoring of employee communications and computer usage in the workplace. Had it passed, NEMA would have required employers to notify their employees if they wished to conduct surveillance of their employees' electronic mail ("e-mail") or other electronic communications. Employer groups succeeded in convincing the Judiciary Committee to pull the bill from further consideration, citing a potential increase in litigation and more work for human resources professionals. This Note argues that NEMA should be adopted, since it would improve the current state of affairs relating to electronic surveillance in the workplace. The Note asserts that NEMA will positively benefit both employers and employees by establishing a "bright line" that takes into consideration the both parties' interests.