What’s on Your Computer: Materiality and Fair Use of Employer Owned PC’s In 2002
ID: 366786 • Letter: W
Question
What’s on Your Computer: Materiality and Fair Use of Employer Owned PC’s
In 2002, a New York University Law School professor was arrested for possession of child pornography on his work-issued computer. Computer technicians who were employed as subcontractors to a firm in a contract for computer repair by the University inadvertently found child pornography on Professor Edward Samuels personal computer while working on the machine. Later investigations found cruel images of abuse and rape of children at the Professor’s home. The professor’s child pornography collection of photographs exceeded 100,000 images, considered to be a significantly large amount by all accounts. The contract workers who reported the findings to their firm, the subcontractor firm called Collegis, were fired by their employers, who seemed to have had an “at will” employment arrangement with the technicians. The two employees subsequently filed a whistle-blower lawsuit against their firm. After the two employees were fired, Collegis (now SunGard) signed a significant reengagement of services contract with NYU. The Professor resigned from New York University and was sentenced to six months in jail and ten years of probation, and his once well regarded career was in tatters.
Cyber ethical issues associated with this very interesting case include the following items:
What is the legal difference between adult pornography and child pornography?
If a house painter finds cocaine while painting a house, is the painter legally obligated to report that to the police? Ethically obligated to report it? If a technician finds child pornography on a PC while repairing it, is the technician legally obligated to report it to the police? Ethically obligated to report it?
What is a technician obligated to do if files are found that are in a gray area of legality?
What should the technicians have done when they found the files? Did they do the right thing in this case? Right for themselves? Right for their employer? Right for the Professor? Right by our generally held principles of how we all must collectively act in a society?
Think about these questions, and respond to the class dialog based on the situation. Does your firm have an obligation to prevent employees from accidentally viewing cyberporn? Does your firm have a legal requirement to prevent employees from accidentally viewing cyberporn? Does your firm have a policy on cyberporn in the workplace that you are aware of, either explicit or vaguely worded?
Explanation / Answer
1-What is the legal difference between adult pornography and child pornography?
Adult pornography can be seen by the adults at their space but child porngraphy is not legal and not ethical also as childhood must be innocent.
2-If a house painter finds cocaine while painting a house, is the painter legally obligated to report that to the police? Ethically obligated to report it? If a technician finds child pornography on a PC while repairing it, is the technician legally obligated to report it to the police? Ethically obligated to report it?
No painter is not legally obligated to report but ethically yes. Similarly, technician also ethically obligated to report as we all must act in a right direction to keep our society safe from bad acts.
3-What is a technician obligated to do if files are found that are in a gray area of legality?
He should inform his company first and if nothing happens then can report to police.
4-What should the technicians have done when they found the files? Did they do the right thing in this case? Right for themselves? Right for their employer? Right for the Professor? Right by our generally held principles of how we all must collectively act in a society?
They did every thing right and this was right for everyone too.
No my firm don't have any legal requirement as per my knowledge to stop employees from viewing cyberporn accidently. I think there is no such policy in my company on stopping accidental view of cyberporn.
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