I am tired of people asserting that "Thames had the right to read email."

First of all, the university is a public institution supported by public dollars--Shelby Thames does NOT OWN USM--vs. private institutions the owners of which can claim that they "own" the computers and phones; thus they have the "right" to monitor them.

How do state and federal laws deal with email monitoring in a public institution? From what I understand, there are very few laws that even deal with this issue.  The only electronic technological law I am aware of right now deals with people's rights not to be photographed by cell phones and have their image plastered on the internet.  To my knowledge, though, our lawmakers are yet to confront the issue of email monitoring.

Comparing private to public institutions--especially when you compare businesses to universities--is like comparing apples and oranges, I would think.  Structurally, Shelby Thames is and employee of the State of Mississippi just like others at USM are.  I understand that hierarchical issues are involved, but Shelby Thames is not at the apex of state government in Mississippi--I would think that he would have had to receive permission before he began mining email, especially when he is mining STUDENT emails. 

Students are not in his employ, and, since he doesn't "own" the technology at USM, it would seem to me that his rights are limited.  If he fears that students are engaged in some kind of illegal or dangerous activity, then he should contact the appropriate authorities and let those authorities decide whether or not such "dangerous" students are to be investigated. 

The Patriot Act (which I consider one of the greatest affronts on so many levels to individual rights in US history-that's just my opinion) allows surveillance by the government without judicial warrant. If our government labels you a shady character, your email can be monitored, your phones can be tapped, and even your library records can be accessed--and no court has to approve such an investigation.   It seems that this law has had a trickle-down effect into the private sphere in the past several years:  Email monitoring by companies has increased from 24% to 80% in just several years.  What was invented to catch terrorists has been manipulated to catch "dawdlers" and "pornographers."

Whether email monitoring is legal or not is one matter.  What about the other matter or ethics.

Whether the law allows it or not, monitoring the email of faculty, staff, and students is an intrusion of privacy that impedes the ability of all involved to communicate as necessary in a university setting.   Many of us have legal "rights" that we do not exercise because of our moral/ethical compass. 

Just because it's legal doesn't mean you have to do it. 

I hope that the Faculty Senate continues to battle Shelby Thames on this matter.  And I wish that people would quit defending Thames nosiness just because he has "the right" to snoop.