I think that’s difficult, if not impossible. Companies do have policies that say that you can’t use it for personal use, but the reality is people are going to use it for personal use. The more practical way of dealing with it is to tell employees that you have to use it in a reasonable way. Reasonable personal use is fine. And monitor the activity and if somebody is spending all day on the Facebook page that they have or shopping on Amazon you can deal with that on an individual basis, but an out and out prohibition will fail.

In fact, I’ve tried some cases where that was one of the issues is that well this person was using the internet for personal use excessively and interviews with the jury afterwards uniformly say come on, everybody does it. This is ridiculous. That’s not a basis to get rid of somebody.