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??