I’ll add an example to show how constitution and current laws are probably sufficient to handle issues arising out of internet communications.
An analogy to understand the issue to be discussed and its impact: How would you feel if things in your baggage are looted at an airport in a poor country during security scan?
Issue: Possible intellectual property rights abuse by corporations from monitoring computer related work using internet technology and transferring know-how’s to other employees. When corporations (airports) introduce a clause in their employment agreement that a contractor’s activities might be monitored and recorded (scan at the airport), how is it ensured intellectual property stealing (loot at the airport) is not happening? Do the corporations allow government oversight?
Who is impacted? Contractors and possibly experienced employees
Violation: 5th amendment violation to individual’s (intellectual) property right
While it is so obvious there is a violation, possible reasons why corporations think that they could get away:
- Corporations have a contract clause and consent for activities to be monitored
- Monitored activity is considered as work-for-hire by courts
- Compensation paid is sufficient to pass “instance and expense” test by courts
So, if the know-how’s from monitoring deemed as work-for-hire using “instance and expense” test by the courts, and I believe that is how it is considered, there is a problem! What is not accounted for is, in such cases, a hybrid (combination) of exclusive and non-exclusive right for the know-how is what is transferred. As a rule of thumb, 15x for non-exclusive right and 1x for exclusive right, a value for potential know-how transfer for the hybrid situation should be somewhere between 5 and 10. In other words, if a worker gets $40/hr, a contractor should get $200/hr-$400/hr (wow!) if his/her contract allowed a possibility for know-how transfer from the monitoring activities.
Courts should not be using “instance and expense” test instead they should be using “instance and acceptable value” (my recommendation) test! Why the latter is not used – something to think about!
How do corporations benefit? Less dollar paid to contractor, competitors are developed at the contractor’s expense (after all employees are internal vendors) while non-disclosure of corporation secret is expected at contractor’s end, more pay for upper management etc. etc.
Corporations should learn to play by rules first.
But otherwise, there is no constitutional amendment, or additional law required, except maybe laws for automatic government oversight, to handle this internet introduced monitoring issue. All it requires is a will to apply the law! 
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