TREND ALERT: Bossware (work spyware) Is Getting More Sophisticated

 

Photo courtesy of: People Management

Bossware is the term to describe productivity tracking software used by 60% of companies in the USA. Some folks refer to it as "spyware" or "productivity monitoring" programs.  The type of monitoring software used varies by companies and industries. Bossware includes GPS monitoring of your device (PC, laptop, phone, wearables, and other devices) regardless if it's company issued OR if you are using your own personal equipment for company business. It also includes email tracker monitor on displays, webcams, screenshots, microphones, mouse, stylus, and keyboards (to determine how often you're typing and using a mouse, in addition to monitoring of sites you visit. Some bossware can also monitor eye tracking and facial activity.

Employers use bossware to ensure employees are not goofing around on the job and to prevent the disclosure of company info, trade secrets, etc. by workers in the office (or those who work from home). They want to make sure a person is actually working and not sitting by the pool slamming down mojitos while playing online poker. Or sitting in a cubicle pretending to be working when in reality the person is watching You Tube or penning their memoirs during company time.

Image: TechnoWarrior @nonboring lawyer / Tik Tok/

So what are signs that your anal retentive employer is using bossware? A tell-tale sign is if your PC, laptop, smartphone, or other device is using an unusual amount of RAM (random access memory). RAM is what a computer uses to run software programs (it's more technical than that...but that's the general idea).  Bossware being used continues to get more and more sophisticated because let's face it...if there's a back or side door to get around being spied on, someone will find it, so employers have to stay step ahead.  With the advent of AI, the tools to track employees are getting more cleaver and sneakier.  Companies are able to not only read your email, track key strokes, eye movement, files you opened, etc. but also the location from where you are working from (not just geography but also whether you are inside or outside your home...and eventually which area in your home you're working at). 

In the USA, employee monitoring is legal. Most state laws allow employers to monitor almost anything that is company issued OR if you willingly use your own equipment for company business. Companies can load bossware without your knowledge. It doesn't matter if you work in the office or remote.  There are currently no federal laws on the use of monitoring tools by companies. Notification that bossware is being used by a company varies widely. Some companies bury it in HR manuals. Who reads those anyway?  Others in the fine print of employment agreements.

Meanwhile, in the UK, companies are required to tell employees if they are going to be using a company device that has tracking or monitoring software. Employees are notified of this in their employment contract but let's be realistic: how many people bother to read these damn things? So, a lot of UK workers may not be aware this is going on. They just sign the contract without reading the fine print and go about their merry way.

Now that I've scared the shit out of you, how do you protect yourself?  Check the RAM usage on your devices on a regular basis. If you suspect bossware, ask your employer how the data is being used and who has access to it. Carefully read your company's policy manual and employment contract. Finally, don't use your personal equipment for company business. Bossware can impact your career.

Source:  Insider.com; NY Times; National Law Review