1) Judge Weiner points out that Smyth's e-mail messages were "voluntarily" placed on the Pillsbury system, and that Pillsbury never forced the kind of disclosure that goes along with urine testing for drugs, for example. In a sense, the judge is saying that Smyth consented to the monitoring. Do you agree?
2) What impact has 9/11 had on one's individual right to privacy? Has this impact been a positive or a negative for society?
3) Hi-tech surveillance is not soley directed by employers at workers. American businesses have always been interested in capturing confidential information and trade secrets from competitors. How far can a company go in this direction without crossing the line?
4) Try to image yourself in Albany as this New York law was being debated. What policy issues might have been raised in favor of passing the law? Against?0
5) Do you agree that there should be a difference between the treatment of prospective as opposed to current employees where drug testing is concerned?
6) Why do you think employers are interested in the results of genetic testing of their employees? In addition, do you believe an employer should be able to require an employee to have a genetic test done as a condition of their employment? Why or why not?