Thumbs down to California Court of Appeal Associate Justice Franklin D. Elia, who yesterday suggested that Apple Computer, which is seeking access to e-mail archives that could help identify an employee believed to have leaked trade secrets, should have done due diligence by subjecting its employees to lie detector testing to find the leaker.
Matthew Honan reports in Macworld:
Noting that Apple had neither subjected its employees to a lie detector test, nor had them deposed under oath in order to find the guilty party, Elia also speculated as to the courtâ€™s role in the case.
â€œAll you want is the name of the–excuse me–the snitch,â€ said Elia. â€œWe are not here to be the super personnel committee for your company.â€
To begin with, lie detectors don’t work.Â Moreover, under the federal Employee Polygraph Protection Act, private employers, like Apple Computer, may not compel their employees to submit to such pseudoscientific nonsense. Judge Elia should know better.