CORPORATE USE OF PEEK INSIDE
|Peek Inside's author, Eric B.
Knight, ImmuneSoft LLC, and affiliated people to this project are not
lawyers and not responsible for inappropriate use of Peek Inside or for
the advice given in this section. This is a conveyance of
experience that we've observed that may or may not apply to your
Is Peek Inside legal to use?
Peek Inside is an invasive technology, very similar to Vulnerability Scanners, Password Crackers, and Trojan Horses. Like those technologies, it can also be used legitimately and can increase the security of an organization.
I'm an administrator and would like to check a user's computer with Peek Inside?
Bad idea. Discrimination usually begins at the point when the investigation involves an individual (often considered as "the point where you can imagine a person's face"), no matter how much that person is suspected in advance. Most organizations will have company policies starting from Human Resources that will instruct a system administrator in the proper course of action when dealing with an individual employee.
I just found objectionable materials on a system, time to fire someone, right?
If there is no policy about terminating an employee based on objectionable materials, the person may be capable of winning a wrongful termination lawsuit.
I just found illegal materials on a system, time to fire someone?
Criminal activities should be investigated by legal authorities. Contacting the company legal counsel would be the best step. Terminating a person based on a -possible- crime may also lead to a wrongful termination lawsuit.
I just found proof of breaking company policy, can I fire them now?
Maybe. From experience, especially when organizations take surveys of web sites that their users visit, there is often a sense of shock from management that the company Internet can be used for many illegal and obscene uses. The first reaction is usually for management to want to terminate those individuals.
It needs to be understood that Peek Inside may show how a computer has been used, it isn't necessarily showing how it is being used by that individual. There are many ways that the information can be skewed to make a person seem guilty. This includes hacker intrusion, co-workers planting evidence, or even "crap" that has been downloaded automatically into temp directories that make it seem like that person has been surfing "forbidden" sites.
Under most circumstances, the Employer can terminate an Employee "at will", with some exceptions depending on the legal atmosphere. This does not mean that a wrongful termination charge or a discrimination suit can be filed simply because Peek Inside found something that violates a policy. Some environments (such as elected officials, tenured, legal protection, etc.) may not have a "terminate at will" ability, those situations will have to be handled by whatever means is required.