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-- -- back in session on the docket today allegations of cheating leaks to the media and reports of spying on employees at America's most prestigious university.
Or one or at least.
Harvard faculty members are furious right now after learning that administrators.
Secretly searched the email accounts.
Of sixteen resident dean's last fall.
They were trying to find out who may have leaked information about a student cheating scandal to the media and in doing so have created yet another scandal of their own.
Joining me now least we'll Fox News legal analyst mark -- -- a former prosecutor now defense attorney.
At least having non -- than all school it's trusting big massive kind of you know not let just anyone into our right scene is Albany.
Brian it's fish he'll gators date that then who attacked back and up.
All they you how -- you first crack at this and talk about whether there is any potential liability or they crossed any legal line -- -- other -- that.
And they did make it absolutely themselves with my album my -- here because look they have a policy in and writing at the faculty policy that says you cannot get that the administration will not go after electronic emails and things like that any researcher communication between students which is what this was.
And if an an extraordinary circumstances I'm not even sure that's -- but if it was that they will give notice to the person they're looking at their email address before they do it.
These people didn't get -- he's sixteen -- didn't get notice until six months after the search make it but I can.
Use mark because as I've read the reports they Harvard says it was made clear at the time when they started to investigate who leaked the cheating scandal to the media.
That -- -- clarification of what happens an investigation would be required and they say no one came forward so.
They seem to be suggesting that was notice to those -- that lets you fess up who did it we're gonna investigate you.
That's correct and -- is getting a little bit over the top on this let's let it -- secret cameras.
And faculty showers what they did was they look at -- -- not personal.
Yes coming soon.
That's -- it looked at their personal email accounts for Harvard accounts number one.
Number two -- didn't read the contents of their email they look at the -- just to see who was the one who forwarded that email it should not have been forwarded.
To potentially these students who -- accused.
Half of these students that -- -- having nine were accused of cheating ironically -- course entitled introduction of congress.
Who is -- a leaked to the media would be dumb enough to forward it on their Harvard official Al.
-- exact well but they wouldn't be -- up exactly but that I've just address -- point -- about trust.
But that's the whole idea there is no trust now so we're supposed to trust these administrators to recite a week.
We've just hacked into your computers and we just -- and your email but not -- -- really -- -- hatteras we didn't read how intent.
-- -- -- -- -- -- -- -- -- -- How could having markets Harvard email they let the teachers use it and decided you know personal -- to it.
But it's it doesn't Harvard have the right to look into those emails.
-- of course they do and it's right there -- knows it.
Anyone who doesn't expect that they have a diminished expectation of privacy -- our own Harvard he now.
They don't deserve to work at Harvard and -- distinction also by the way is if they didn't give them notice up front which is what I would argue on their behalf.
They are not considered.
The argument Harvard's gonna make as well they're considered more like staff these these rank -- say one thing not necessarily fact that they've already -- they only looked at the accounts through which official university.
A business was conducted by these -- not there individual Harvard email accounts forget personal that would not have but I do I ask you guys -- -- I think a lot of people watching us are wondering.
Well what's the deal does my employer have the right to look at -- Emails that I sent in my company email without telling me and we'll have picked up right after the break.
-- Myanmar guys are back with me now so at Harvard.
They have the general disclaimer that a lot of employers give you saying we have the regular -- we want to do -- on our company computer.
But then they gave the faculty greater privacy rights and if these Deans are faculty.
They may or may not have an argument that their rights were violated.
But the faculty there are at at Harvard is calling this dishonorable unconscionable shocking that they were dismayed that they it's downright creepy.
Front for the rest of the world obese people who don't have that additional layer of protection like they gave the faculty at Harvard.
If your employer gives you that standard disclosure like all of the -- -- wow look at well I'll look at it if you do it on my computer that I've given to you does that hold up in court.
You have no expectation of privacy are very limited expectation of privacy in what you're doing on -- on a company computer company Blackberry.
Your employer does have the right to look at that -- -- on notice in your employee handbook in most places.
But as you said there's an add another layer here harbor and I'm reading from the policy that a faculty member will be notified in advance of such as a such as search.
And producing and writing it and why is it rational an additional fine -- -- go -- mark.
Megan who collided disagree with the Harvard educated least we on that subject matter but I mean it.
It's one thing -- an employer's going into your purse to take out your personal diary.
But emails now on the company email.
You've got to know that that is for their eyes as well even about what they do with -- -- and a lot of people email personal items on their company email you know something I don't know about their spouse -- their child -- Home their finances can your employer just use that information against you because you chose to use your company email to do what.
They shouldn't be able to make it -- mean yes clearly it can they look at it yes but it just like when you get.
When -- FBI agent excitable -- a wiretap through the court the court will give you very limited parameters on what you can look at goal is most looking for a certain thing if you're doing -- for investigation.
Employers an investigation also be looking for varies as the specific things not just personal items what -- that -- -- -- I'm monitor -- something on -- you personally know that they don't like the way you manage your finances or whatever because they use that against you -- -- fire you for that.
Possibly I think what they're doing is they're monitoring also how using that your time so if you're sending photographs of you know Ellen DeGeneres yeah it Katy Perry's -- them at the -- But those they have bigger but whenever I didn't -- -- -- that is sort of what is it doing it at work.
You have to know that the employer is watching what you're doing on time and -- -- boys again did have a tough time making that case here Fox News where you know.
Even for Kelly's court alone -- -- -- some pretty.
I thought I thought I had that's -- bad days remaining --
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