As instant messaging becomes more prevalent in business, corporations and
organizations must apply the same rigor to the use of IM as they have
previously done for email. In particular, there are four categories of risk or
liability that companies face as a result of their employees' day-to-day use
of IM:
-
Risk of being out of compliance with governmental laws and regulations
governing electronic communications. This category typically involves the
need to create and manage an archive of instant messages in order to comply
with such regulations as the Sarbanes-Oxley Act, the Gramm-Leach-Bliley Act,
electronic discovery, or the Federal Rules of Civil Procedure in the United
States, and similar legislation and policy in other countries.
-
Risk of infection by virus, spyware, or other malware installed
surreptitiously over an IM network or in an IM-attached file.
- Risk of
employees using IM to communicate trade secrets (proprietary, confidential, or
restricted information) to parties outside the organization. This category is
often called "data leakage" or "information leakage".
-
Risk of employees
using IM to harass or threaten other employees. For example, the persistent
use of IM by one employee to send messages to another employee that are sexual
and/or unwanted in nature may create a hostile environment sexual harassment
liability for the employer.