ORANGE COUNTY PERSPECTIVE : Pardon My Computer Message

Common sense dictates that anyone using electronic mail be aware that computer messages could be read by third parties. To keep communication truly private, use the telephone, or better yet, say it in person.

But Costa Mesa City Manager Allan L. Roeder and Police Chief David L. Snowden are justified in being concerned that computer messages exchanged on a variety of personal and professional subjects were made public. To their embarrassment, they found that a former city police lieutenant tapped their electronic mail and shared it with a city councilman, and that apparently included some off-color and sexist jokes--inappropriate in any medium.

Snowden subsequently asked the district attorney’s office to determine if the actions of Lt. John A. Regan were legal. Deputy Dist. Atty. Wallace J. Wade concluded that Regan’s responsibilities for the department made the issue sufficiently murky that he didn’t think there were grounds for prosecution. Regan claimed he was monitoring Snowden’s messages to see if he was misusing city property.

Several members of the City Council, however, are upset at the invasion of computer privacy.

The council will meet Monday to discuss the incident. It also will consider making the tapping of computer lines illegal. One councilman said he was concerned, for example, that disclosure of his exchanges with the city attorney on sensitive legal matters might harm the city’s position in lawsuits.

Costa Mesa is not alone in struggling with information privacy. Federal legislation extends constitutional guarantees against unreasonable search and seizure to those who use computers or cellular phones. But abuses are common. Also, many issues remain unclear, such as whether employees using a company-owned computer system can expect privacy. Companies or governmental agencies have a right to expect their computer systems to be used only for business. The best policy is to assure privacy to all.