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  1. #1

    Default Employer Recording Conversations at Home Using Laptop Computer Microphone

    My question involves criminal law for the state of: Texas

    Long time girlfriend always has laptop on at home to answer email and get financials completed.

    Recently, she has been hearing very specific and correct details about our conversations and sexual activities. She does not tell anyone at work about anything and swears up and down that she would especially tell any of the sexual activites. The details are so specific and accurate that if she did tell a friend they would not get right. It is a had to be there situation.

    I work at a different company and do not talk about my relationships. We do not exchange personal emails either with the company email or public emails at work or at home about any of this. This is not a friend tells a friend situation or someone reading personal emails. She does not have a company cell phone and neither do I so that is not being recorded.

    She started hearing whispers at work that the computer department has turned on the recording feature remotely using the laptop microphone and records everything while the laptop is not connected and they listen to in the computer department. They have given her a nickname and I do not want to repeat here because it could identify if someone read this.

    Yesterday, a coworker told her that she had heard that the computer department had been recording us and no one in management did anything about it.

    One more detail, she is a very attractive blonde and men are always interested in her.

    Based upon the facts I have listed above, I do not believe she or we are paranoid although at first I thought she was paranoid. From the specific and correct details I do not believe it is hearsay or rumor because it is too accurate. An when her coworker told her about the recording which confirmed it for both of us I was convinced.

    Is it illegal to record an employee at home on the laptop the company issued without consent?
    Is it illegal when I am being recorded on a computer in my home without my consent when I do not own the computer?
    Would this recording be legal if she was at home alone on her computer?
    What can we do to document this?
    Does someone have a webpage they can link us to for someone else who has had this problem?

    My girlfriend is very strong and professional but this has affected her greatly and has affected our relationship in a very negative way. She dreads going to work with the whispering and nicknames and coworkers snicker when she enters the room for a meeting.

  2. #2
    Join Date
    Jan 2006
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    Default Re: Employer Recording Conversations at Home Using Laptop Computer Microphone

    Is it illegal to record an employee at home on the laptop the company issued without consent?
    yep

    Is it illegal when I am being recorded on a computer in my home without my consent when I do not own the computer?
    yep

    Would this recording be legal if she was at home alone on her computer?
    with work recording her? no.

    What can we do to document this?
    document it? You have to prove it first.

    First, if the computer isn't on, it can't record. Second, if you don't know enough about computer to be able to check to see if it is recording conversations, either contact the police with your suspicions or take it to a geek that can check to see if there is a program set up to record. I would be cautious about the second suggestion as it would likely get her fired if the employer found out.

  3. #3

    Default Re: Employer Recording Conversations at Home Using Laptop Computer Microphone

    She says that enough people at work know about it in both management and in the office that someone would crack under deposition and say that it happened if the company did not provide a copy to her.

    As of right now, she does not work anymore at home and is a demoralized employee and very hurt. This is very real. She is writing down what she hears and when she hears it and who tells her about each detail. We have spent time writing down each item and seeing what day and time. She is popular and well liked and seen as a victim. Computer department is hated and different groups are out to get them.

    The problem is right now she is well paid and in a good position and does not want to rock the boat. This only affects me as it hurts her although based on your opinions I have legal recourse as I thought I have.

    Proving this is not thought of as a problem as there are so many people who have heard the illegal recordings and everything is recorded on company network. Under deposition and fear of felony charges people tell the truth about what coworkers have done to others. I believe they used the remote control feature of something inside the windows software that corporations enable.

    I appreciate your time and effort on the response.

  4. #4
    Join Date
    Jan 2006
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    Default Re: Employer Recording Conversations at Home Using Laptop Computer Microphone

    a deposition? What makes you think anybody would be subject to a deposition? There has to be some action first which requires some solid evidence first. The police surely aren't, no, make that can't do anything without some evidence. Your hearsay might be enough to get it started, maybe not. Depends where it goes from there.

    I believe they used the remote control feature of something inside the windows software that corporations enable.
    If they used remote desktop, then she would have had to have been connected to the internet when they did this. Just unplug the internet when specifically not using the internet.

  5. #5

    Default Re: Employer Recording Conversations at Home Using Laptop Computer Microphone

    Similar case involving a school last year that was recording students at home on school issued laptops. As I recall, it did not end well for the school.

    And it's entirely possible to:
    remotely enable the webcam/mic
    record
    send the recorded data the next time the machine is connected to the internet

    So just disconnecting it when you aren't using it isn't enough, you need to disconnect the power sources, that'd be both the a/c adapter AND the battery.

    If she isn't using the webcam, do what smart folks do, put a piece of tape over it. Even it's on, it will only be able to get audio.

  6. #6
    Join Date
    Jan 2006
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    Default Re: Employer Recording Conversations at Home Using Laptop Computer Microphone

    =mittens;504017]Similar case involving a school last year that was recording students at home on school issued laptops. As I recall, it did not end well for the school.
    A suburban Philadelphia school district, which admitted earlier this year to capturing 56,000 secret Webcam photos and screenshots on school-issued laptops, has agreed to pay $610,000 in settlements; the intimate pictures of students in their bedrooms were taken by Webcam installed on laptops which the school loaned the students
    And it's entirely possible to:
    remotely enable the webcam/mic
    record
    send the recorded data the next time the machine is connected to the internet
    yes and I addressed that possibility. That would be the first situation I spoke to. That would require a program installed in the system that would do that.

    So just disconnecting it when you aren't using it isn't enough, you need to disconnect the power sources, that'd be both the a/c adapter AND the battery.
    it all depends how the computer is being used. If it is an active remote recording, then disconnecting the ethernet cable would be adequate. If a program installed to record at some predetermined time, that is an entirely different issue and I addressed that as well. Disconnecting power sources is a bit of a paranoid response. Rather than doing that, the user either needs to know enough about their computer or take it to somebody that does to determine if the unit is turning on at times the user isn't controlling it. If the computer is actually off, it cannot record anything.

  7. #7

    Default Re: Employer Recording Conversations at Home Using Laptop Computer Microphone

    thank you for your response jk.

    girlfriend does not have a webcam only audio. if what she is told it is setup to record automatically using a corporate enabled windows command and does not have to be connected to the internet. right now she does not work at home and leaves the laptop in the bag powered down. she went and bought a small tape recorder at lunch with voice activation and will try to record when people give her details of what they have heard. she was writing everything down with a date and time before.

    she told me she started to cry when she was driving to work and did not get out of her car for an hour this morning. she has that thousand yard stair sometimes that I have never seen from her before. looks traumatized to me. this is not a joke.

    thank you for your help it makes both of us feel better being able to explore our options.

  8. #8

    Default Re: Employer Recording Conversations at Home Using Laptop Computer Microphone

    Ok, now I'm just curious. What kind of laptop is it? (brand model).
    Never seen one with JUST a mic but not a webcam, what would be the point.

  9. #9

    Default Re: Employer Recording Conversations at Home Using Laptop Computer Microphone

    Quote Quoting mittens
    View Post
    Ok, now I'm just curious. What kind of laptop is it? (brand model).
    Never seen one with JUST a mic but not a webcam, what would be the point.
    Very few laptops do not have a microphone to talk into the laptop and record with. It is not a traditional microphone, just a pinhole like on your cell phone that you can record and talk into. Most all laptops will have a built in microphone just check out the specs on any new laptop and it should say somewhere has internal microphone.

    Most laptops do not have a webcam in the business world.

    initial horror and shock has worn off and turned into an angry numbness that is always there. thousand yard stare is common. perky happiness is gone day to day with her. still gathering information and recorder with voice activation and long mic has worked out well.

    also found out they might have been running corporate key logging utility so all personal passwords for personal email have been changed. heard rumors computer dept was logging into her personal email to look at mail never opened on her laptop.

  10. #10
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    Default Re: Employer Recording Conversations at Home Using Laptop Computer Microphone

    Have you thought about taking the laptop to a friend that is "good with computers" to see what software is enabled on it.

    If this type of program is running and is storing files on the computer for later use, those files would be on the computer's drive, right?

    If this stuff is happening, you need to contact an attorney... and a cop. This is illegal.

    OR

    You could have some fun with it. If they are listening, give them something to listen to. Don't disparage the boss... but I would make a ton of fun of the minds of people that would listen to other people...

    Something about a lack of endowment is always a good starter. Finish with an inability to actually talk to a woman that WANTED to talk to him.

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