Use of Email as Court Evidence, Essay Example

Introduction

According to Oprah Adrianna (2007), Policies in regard to the use of email communications in security management offices are supposed to be taken care of, if the same emails are to be safeguarded against being used as negative legal evidence. Such policies should be best put through in a plan that would involve all the stakeholders in the given office. The policies must be enforced, unlike the general tendencies in most offices where proper policies are formulated but are never enforced mainly because of the general lack of understanding about the value that can be brought about by policies to the organizations.

Email Admissibility and Reliability

According to Louise Townsend (2008), Email, as a form of documentary evidence can be admitted as evidence in a court of law, in a similar manner as the other kinds of documentary evidence. In areas as sensitive as the security offices, its control becomes very vital

The Plan

The plan must begin with the basics on how the said office in organizations handles the what, who, where, when and why questions, as it regards the use of email. In that case, the plan must address the questions like; why is it necessary to put this plan in place? Who does the plan cover? What are the messaging systems covered in the plan? Can personal emails be received or sent? When is the policy plan in use?  What is regarded as acceptable email usage? What kind of monitoring will occur? What will happen with the violation of the policy? Where can users go to get more information?  Why do you need email policies? (Louise Townsend, 2008)

Email policies can help make users aware of the threats and susceptibilities associated with email, which, in turn, can avoid security breaches and make sure that organizations hold on to regulations. Policies assist in laying the basis. for which all technical and business processes associated to email are carried out. When upper management sets a good example, they help in cultivating a culture in which each person places an importance on email as a corporate asset and endeavors to protect it (Louise Townsend, 2008).

In order that the plan can become a success, it would be critical that a policy committee be formed, which includes people from different departments within the said organization, i.e. legal, operations, Human resources, and upper management. Such participation will ensure that the policies are not necessarily coming from the IT department, thus reduce the chances that the plan will be perceived by the rest of the stakeholders as “just another technical inconvenience” and thus result into0 the other members not taking the policies seriously.

Implementing the Plan

The plan must include development of email policy, management as well as user awareness training. These are the elements that will ensure that the email management plan becomes a success. Increased awareness of the technical and business issues related to the management of the email will help drive forward the policy acceptance and related technologies that might touch on the sensitive issues of security. The overall objective of the plan would be to classify the different kinds of email data, document the creation of the email, its receipt, and email handling and to enable the archiving or deleting of messages. It would therefore be critical to make sure that user awareness training becomes the pivotal point in the plan.

Training of User Awareness

The training of the users as part of the plan will help to communicate secure practices and at the same time promote proper email usage and security in the office. In order to get started with the training, the plan would need that the policy committee strives at keeping the people in that organization posted on the happenings taking place in the organization, and sensitizing the people of the need to be discreet with the sensitive information that would land them or the company in the court of law.

By that, the committee would set the expectations for the users as well as lead by example. Establishing trust with the users will make it certain that the policies in the plan are followed to the letter. During the initiative to train the email users, it will take the form of first going over each and every security policy, in order than everybody understands them. Everyone will also be trained on what to look out for, from the perspective of the security, such as file attachments, odd behaviors on their local computers, and a social engineering description. Moreover, it will be important that the email users knows what to do and what they are not supposed to do in cases involving security matters. That training must be trained well, by the most qualified security consultants.

Creating an Impact

In order that the plan is to become successful, the following list will be used in getting out the message and ensuring that email security awareness stays in the minds of the email users;

• Before a new employee is oriented, he/she will be introduced to the email policies and awareness training
• Distribute a pamphlet of the email survival, bearing FAQs and tips for all employees
• The organization must host periodic lunch as well as learns
• The plan will also entail sending reminder emails and newsletters. Putting on screen savers on the employees’ computers bearing the email security messages will as well go a long way at keeping them reminded at all times of the dangers of failing to keep up with the policies.
• It can also be posted on an intranet website as well as on posters around the security office
• Finally, promotional items like pens, coffee mugs, mouse pads etc. can also keep them reminded of the importance of adhering to the policies.
• In order than the users can comply, email usage will be subjected to monitoring at any time, in which misuse will be assessed by means of content filtering as well as log filtering software and by manual inspection.
• The plan will also entail the clause that anyone who violates the policy will be subject to disciplinary action, which will include termination, and signed to that effect by any new employee that they will comp0ly, to avoid getting on the wrong side with the employment laws.
• In order that the plan remains in place for a long time, its policies will have to be reviewed and re-evaluated at least on a yearly basis, bearing in mind its cost of maintenance, effectiveness and effect on business as well as the technical processes. The policy shall also be revised as needed on the basis of the newly discovered security risks, incidents touching on emails, or the main changes to the organization or systems of information (Oprah Adrianna, 2007).

Such measures will ensure that there are no cases involving improper use of the email that would result to court cases in which the same would be used against the organization. All stakeholders, having understood the importance of maintaining the email-use policies, will embrace the plan and see to it that it becomes a success.

References

Louise Townsend (2008), Email as court evidence, Retrieved, 30^th November, 2009, from http://www.out-law.com/page-5537

Oprah Adrianna (2007), The intricacies of Uncontrolled Email Use Journal of Use of Organizational Technology, (13) pp, 54-59