Step 2: Install enforcement tools
A content security policy addresses the prevention and possible cost of liability associated with email abuse. But what are an employer's options if the policy is violated? Can an employee still hold the company liable for defamation?

This is where content security software comes into play, since it is designed to block communications that contain offensive and illegal words or phrases. That way, if an employee ignores the company policy and sends an email containing the kind of language that can be construed as harassment or discriminatory, the email is "quarantined" instead of showing up in the intended mailbox. My company, Content Technologies, makes one such content security product called MIMEsweeper. The purpose of this article isn't to "hype" you on my product, but content security products like MIMEsweeper can be valuable tools in libel protection.

You can also protect your company against inappropriate Web browsing with many of the Web-security products now available. NetNanny and CyberPatrol are two of the most respected.

A content security system supports company intent
The most critical role a content security system plays is in demonstrating a company's intention to prevent email abuse. The truth is, no matter how thorough a system is, offensive remarks will fall through the cracks. If such language is not detected and a lawsuit is brought to bear, the fact that a company installed a content security system can help to legally establish their intention to enforce the email policy. This verifies a company's commitment to maintaining a safe work environment.

Step 3: Train your people
The Society for Human Resource Management urges their members to establish a clear training program to ensure proper and effective use of email. According to a 1997 member survey, however, 86% said their organizations use email, six percent have been requested to produce emails involved in lawsuits and 22% have received employee complaints about emails inappropriate for the workplace--but 73% do not offer Web training and 70% do not have a written content security policy.

Step 4: Use disclaimers
Legal disclaimers are also imperative to preventing email liability. Messages sent via email carry the same weight, legally, as those sent on company letterhead. If an email address includes the name of a company--for example, "company x.com," the text of the email is basically being composed on letterhead. It is a common practice for letters on company letterhead to be reviewed, but it is not practical to review every email. Therefore, email should include a statement such as, "Views of this email and of Company X's employees do not necessarily reflect the views of Company X."

Step 5: Get insurance
The insurance industry now offers policies for Internet and email liability. For example, Morefar Marketing in New York offers a $50,000 policy for damages associated with security breaches, and $1 million policy to cover claims associated with libel, slander and defamation of character.