Question
Environmental Protection Laws Read theFederal Environmental Protection Laws.The Environmental Regulations Overview, search the Internet for a situation where the EPA has charged a landowner with
- Environmental Protection Laws
Read theFederal Environmental Protection Laws.The Environmental Regulations Overview, search the Internet for a situation where the EPA has charged a landowner with violating a water quality, air quality, waste disposal or toxic chemical regulation.
Brieflystatethe EPA's claim and the facts upon which the claim is based for your case or article. Cite the regulation and reference the case or article as you would in a research paper. You may also reference other authorities that support your discussion. The EPA's claim will be based on facts specific to that personororganization, discuss how that alleged violation, if proven, might affect your life and the lives of your family and community if you were in proximity to the hazard (for example, a toxic chemical leak into your water supply or sulfur dioxide emissions from a coal-fired power plantadjacent toyour residential neighborhood).
2. Electronic System Monitoring
The company's e-mail policy stated: "All information and documents created, received, saved, or sent on the company's computer or communications systems are the property of the company. Employees have no personal privacy right in any material created, received, saved, or sent using company's communication or computer systems. The company reserves the right to access and disclose such material at any time without prior notice." The company presented toSquiggyDufus, a star salesman, and all other employees a brief statement that consented to monitoring their use of electronic systemswhetherprovided by the company.Squiggyrefused to sign and was fired. Before leaving, he sent an email to his lawyer from his desk saying he was going to sue for wrongful termination and another to say he was taking a copy of the company's sales manual and hisaccounts, andsome other accounts with him. In order to do that, he photocopied the company's proprietary sales manual and "borrowed" his supervisor'susernameand password to access confidential company files. Each of these e-mails included the following notice:
This message is intended only for the use of the Addressee and may contain information that is privileged and confidential. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please erase all copies of the message and its attachments and notify us immediately.
The company obtained copies ofSquiggy'se-mails. It notified him that it had copies of the e-mails to his lawyer. Communications between a client and lawyer are generally protected, but a client waives this privilege if he publicly discloses the information. WhenSquiggyrequested that the e-mails be returned to him unread, the company refused. The company demanded return of the sales manual copy and purloined account files.
Questions (Your responses should be sufficient in length to fully address the questions).
- What issues are raised under the Electronic Communications Privacy Act? Who shouldwin,Squiggyor the company? Why?
- What issues are raised under the Computer Fraud and Abuse Act? Explain.
- What issues are raised under the Copyright Act? What are the company's remedies? Explain.
- What issues are raised under the state's Uniform Trade Secrets Act and/or the federal Defend Trade Secrets Act? What are the company's remedies? Explain.
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