, 2006-07-31
Even with a well-heeled corporate privacy policy stating that all employee communications may be monitored in the workplace, the legality of e-mail monitoring is not as clear cut as one might think.
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Terms may be expressly agreed into a contract. ANY contract. The of a GOOD contract will include terms state the choice of terms , choice of venue and the subject matter jurisdiction etc.
The contract can state the place and time of any action. If you do not wish to have the Californian law apply, have the contract enforced in Virginia.
A clause stating as an express term that "all disputes must be mediated by a court appointed mediator under the laws and regulations of XXX" means that this is going to be handled in XXX. Something such as "any claim or dispute with [the firm] be commenced in XXX" is a common block clause in nearly any contract.
So the signed document, being a contract, as it is well written as you claim is NOT unclear. This is pure FUD. This is an express consent in any form or method you care to review.
Of all the difficult issues with "Cyberlaw", why try to muddle the issues with BS and FUD?!
Regards,
Craig
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Link to this comment: http://www.securityfocus.com/comments/columns/412/33853#33853