Section of Labor and Employment Law and Center for CLE sponsor program on legal implications of new electronic communications

While advancements of the electronic age allow faster communication and easier access to resources, they also present new legal issues. Some of these challenges were discussed during a recent webcast, “New Frontiers in the Electronic Age: Blogging, the Internet, E-mail and Electronic Remedies,” sponsored by the ABA Section of Labor and Employment Law and the Center for Continuing Legal Education. Participants Gregory J. Murphy, of Tacoma, Wash., Brian Easley of Jones Day, and Gabriel Antonio Terrasa with Singleton, Gendler and Terrasa, discussed emergent legal issues that result from these new technologies.

The Internet allows anyone to instantly play the role of reporter, which presents legal issues in business, family and copyright law, said Murphy. A weblog, or blog, he explained, is an online journal that can be frequently updated and commented on by readers. Recently there have been cases where employee “blogging” has led to terminations, and Murphy outlined several recent high-profile cases involving the new means of communication.

Not quite as new in the field of electronic communications, e-mail has also been at the center of questions under the National Labor Relations Act. As Easley pointed out, established National Labor Relations Board rules may be overlaid on top of email communications. Still, he said, there’s not a lot of developed case law.

Monitoring and enforcing rules on email, which many companies have in place, is difficult, said both Easley and Terrasa. Enforcement on a uniform basis would be necessary, said Terrasa, but monitoring the vast number of communications is difficult at best and in practice may be unrealistic.

In addition to blogging and email, other issues raised during the webcast included whistle-blowing protections, company property rights in relation to personal computers, sexual harassment through electronic communication, cyber stalking, and how these may require a new standard of liability.

A portion of the background papers and information used in the webcast and teleconference is available free of charge online [PDF]. You may access the entire program and materials at the ABA Webstore.

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