What’s on Your Computer: Materiality and Fair Use of Employer Owned PC’s In 2002

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 fair use of an employer issued computer?

What is legal use of an employer issued computer?

In general, what can you find out about employment laws related to the establishment of a discriminatory hostile workplace with respect to cyberporn in the office environment?

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

Does your firm have an obligation to prevent employees from accidentally viewing cyberporn ?

Yes surely every firm must have a true obligation to prevent its employees from viewing deliberately or accidently cyberporn. The worker with a strong and rightful character is an asset for a company. Watching porn at workplace only diverts ones mind and accidently viewing porn is not a good sign. It shows that company is not efficient in preventing right measures to control such incidents. In a situation where some serious presentation was running and suddenly porn starts in front of female workers, the situation become unbearable. So it is the duty of the management to work on it. The cyber system should be strong enough. Internet firewall, prevention softwares, passwords etc can be used.

No most of the firms don't have any legal requirement to prevent employees from viewing cyberporn accidently as it was not in the thought process of many companies. No one really cares about this. The need of hour is to take necessary steps and instrutions should be given to take steps to IT department in any organization. There is no such policy in my company on issue of cyberporn.

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