2d. Monitoring Communications During an Incident;
Allows system administrator to conduct reasonable monitoring:
To provider’s “rights or property”;
Must be “substantial nexus” between the monitoring and the threat – cannot indiscriminately monitor (w/o consent)
When done in normal course of employment, while engaged in any activity which is a “necessary incident to the rendition of . . . service” by provider
Is a limited exception. Not a criminal investigator’s privilege (cannot delegate to LE).
Provider may monitor the network to protect rights, and then disclose to law enforcement