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The author notes a lack of legislation and common law for new forms of employee surveillance and monitoring, and proposes criteria for their use.

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The authors describe the usefulness of electronic surveillance, the judicial endorsement of its use (except where in violation of the ECPA), the constraint of “unreasonable search and seizure” for public employees, and the admissibility of such evidence and of workplace searches in cases of employee misconduct (even where the evidence is obtained in violation of …

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