I
106TH CONGRESS
2D SESSION
H. R. 4908
To amend title 18, United States Code, to provide for the disclosure of
electronic monitoring of employee communications and computer usage
in the workplace.
IN THE HOUSE OF REPRESENTATIVES
JULY 20, 2000
Mr. CANADY of Florida (for himself and Mr. BARR of Georgia) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to provide for the
disclosure of electronic monitoring of employee commu-
nications and computer usage in the workplace.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Notice of Electronic
Monitoring Act’’.
SEC. 2. ELECTRONIC MONITORING OF EMPLOYEE COMMU-
NICATIONS AND COMPUTER USAGE IN THE
WORKPLACE.
(a) ELECTRONIC MONITORING.—
(1) IN
GENERAL.—Chapter 121 of title 18,
United States Code, is amended—
(A) by redesignating section 2711 as sec-
tion 2712; and
(B) by inserting after section 2710 the fol-
lowing new section 2711:
‘‘§ 2711. Electronic monitoring in the workplace
‘‘(a) IN GENERAL.—(1) Except as provided in sub-
section (c), an employer who intentionally, by any elec-
tronic means, reads, listens to, or otherwise monitors any
wire communication, oral communication, or electronic
communication of an employee of the employer, or other-
wise monitors the computer usage of an employee of the
employer, without first having provided the employee no-
tice meeting the requirements of subsection (b) shall be
liable to the employee for relief as provided in subsection
(d).
‘‘(2) Not later than one year after first providing no-
tice of electronic monitoring under paragraph (1), and an-
nually thereafter, an employer shall provide notice meeting
the requirements of subsection (b) to all employees of the
employer who are subject to such electronic monitoring.
‘‘(3) Before implementing a material change in an
electronic monitoring practice described in paragraph (1),
an employer shall provide notice meeting the requirements
of subsection (b) to all employees of the employer who are
subject to electronic monitoring covered by that paragraph
as a result of the change.
‘‘(b) NOTICE.—A notice meeting the requirements of
this subsection is a clear and conspicuous notice, in a man-
ner reasonably calculated to provide actual notice,
describing—
‘‘(1) the form of communication or computer
usage that will be monitored;
‘‘(2) the means by which such monitoring will
be accomplished and the kinds of information that
will be obtained through such monitoring, including
whether communications or computer usage not re-
lated to the employer’s business are likely to be
monitored;
‘‘(3) the frequency of such monitoring; and
‘‘(4) how information obtained by such moni-
toring will be stored, used, or disclosed.
‘‘(c) EXCEPTION.—An employer may conduct elec-
tronic monitoring described in subsection (a) without the
notice required by subsection (b) if the employer has rea-
sonable grounds to believe that—
‘‘(1) a particular employee of the employer is
engaged in conduct that—
‘‘(A) violates the legal rights of the em-
ployer or another person; and
‘‘(B) involves significant harm to the em-
ployer or such other person; and
‘‘(2) the electronic monitoring will produce evi-
dence of such conduct.
‘‘(d) CIVIL ACTION.—(1) Any person aggrieved by
any act in violation of this section may bring an action
in a United States district court.
‘‘(2) Subject to paragraph (3), the court in an action
under this subsection may award—
‘‘(A) actual damages, but not less than liq-
uidated damages in the amount of $5,000;
‘‘(B) punitive damages;
‘‘(C) reasonable attorneys’ fees and other litiga-
tion costs reasonably incurred; and
‘‘(D) such other preliminary and equitable relief
as the court determines to be appropriate.
‘‘(3)(A) The amount of monetary damages awarded
an employee under paragraph (2) may not exceed
$20,000.
‘‘(B) The aggregate amount of monetary damages
awarded against an employer under paragraph (2) for a
given violation of this section may not exceed $500,000.
‘‘(4) No action may be brought under this subsection
unless such action is begun within 2 years from the date
of the act complained of or the date of discovery of the
act complained of, whichever is later.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of that chapter is amended by
striking the item relating to section 2711 and insert-
ing the following new items:
‘‘Sec. 2711. Electronic monitoring in the workplace.
‘‘Sec. 2712. Definitions for chapter.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect 120 days after the date
of the enactment of this Act.
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