Porn on theDean’s PC

• Real facts, conclusions, opinions.

• Relevant issues, general principles.

• Illustrates the importance of being Informed and Discerning.

Good case study because:

• Tech discovers porn on dean’s home PC.

• Tech reports porn to administration.

• Dean resigns dean-ship, but keeps tenure.

A Quick First Look

Should tech keep discovery confidential?

ACKNOWLEDGMENTSThis case study:

originally developed as part of NSF grant due 97-52792

the basis of a plenary talk given at ISECON 99, and

the focus of a Journal of Information Systems Education paper in 2000.

Issues in this case• Employee rights and responsibilities in using employer computing resources.•Employer responsibilities in handling violations of company policies.•Rights of privacy and free speech.•Standards of professional conduct.•Critical-thinking abilities.

Informed and Discerning

First impressions are likely to reflect knee-jerk reactions, prejudices, etc.

Well-reasoned conclusions should be informed about the facts, and discerning of which facts are relevant

Informed Second Look

• Harvard employee discovers, while on the fob, a Harvard employee using Harvard equipment in violation of policies.

Should tech keep discovery

confidential?

Appropriateness of Analogies

Consider summarizing the relevant people / institutions and relationships in a graph.

An appropriate analogy should present a similar graph structure.

Appropriateness ofAnalogies

dean tech

Harvard

PC

employsemploys

servicesuses

owns

Harvard – dean – techrelationships.

ViewpointThe Tech’s Fault

News articles with titles such as – Do Computer Docs Need a Hippocratic Oath? make their spin on the

incident clear.

The underlying analogy is attractive, but just how appropriate is it?

Appropriateness of Analogies

patient

doctor

employs

personal service

Idealized doctor / patient relationship

Appropriateness of Analogies

So a doctor-patient relationship seems to be a poor analogy to reason from.

What is a more appropriate analogy?

• Married, two grown daughters.• Ordained Evangelical

Lutheran pastor.• Dean of Harvard Divinity for

13 years.• Established the Center for

Study of Values in Public Life.• Strong record raising

endowment funds.

Informed About the Dean

• Dean is Harvard employee.

• Tech is Harvard employee.

• PC is Harvard property.

• PC is located in dean’s home office.

• Dean’s home isHarvard property.

Informed Harvard-ness

• Employee does not have legal right to privacy on the company computer.

• AMA survey: 27% of US firms review employee email, most on random basis..

• 21% of companies review stored files.

Informed Legalities

• Dean requests more disk, transfer of files.• Tech discovers porn in course

of work: Image on-screen? Tech opened files?• Thousands of images.• Porn was legal: no children,

no violence.• Supervisor asks why upgrade

takes time.

Informed How it Started

• No inappropriate, obscene, bigoted or abusive material.

• Computer use related to School’s mission of education, research and public service.

• Explicit authorization required for private … or non-Harvard uses.

Informed Harvard Policies

In this day and age, I would say that an employee is foolish or naïve who allows information to be stored in his or her computer that he or she does not want the employer to be aware of.

C. Cornish, ABA privacy committee

Informed Legalities

Appropriatenessof Analogies

pilot doctor

airline

plane

employsemploys

uses inwork

owns

Inexact analogy;doctor gives pilot

physical

personal servic

e

Appropriatenessof Analogies

manager

tech

company

filecabine

t

employsemploys

servicesuses inwork

owns

Better still,teach replacing file

cabinet.

Tech has responsibilities to:

•employer / the administration

•colleagues, students, alumni

•family

•society

Discerning – Tech’s Role

pilot tech

airline

plane

employsemploys

servicesuses inwork

owns

Better analogy, at least in structure.

Appropriateness of Analogies

Dean has responsibilities to:

•employer / the administration

•colleagues, students, alumni

•family

•Society

•God / Synod of ELC

Discerning Dean’s Role

Do any of the professional codes of ethics offer solid guidance to the technician in this incident?

Guidance from Code

of Ethics?

• Protect the privacy and confidentiality of all information entrusted to me

But also

• Protect the proper interests of my employer at all times.

AITP Standards of Conduct

Software EngineerCode of Ethics

• Keep private any confidential information gained in professional work, consistent with … the law.

But also

• Use the property of any employer only in ways properly authorized, and with knowledge and consent.

Tech discovered potentially embarrassing medical information (e.g., HIV+)?

Should tech keep it confidential?

Absolutely.

What if …

• Respect the privacy of others.

But also

• Support proper and authorized uses of an organization’s computing resources.

ACM Code of Ethics

Tech has competing responsibilities:

• Privacy of what is seen on dean’s PC.

• Violation of computer use policy.

Correctly followed greater responsibility.

Informed &Discerning

Dean owned his own pc, and hired a tech from the local computer store?

Should tech keep it confidential?

Absolutely.

What if …

Anonymous, unverified, personal email says that the tech is a woman!

Does this change your analysis?

How?

Postscript 1-A

Motivation for non-hostile workplace:

The EEOC has brought several lawsuits against

companies based on complaints by people who claimed that they saw co-

workers viewing or distributing adult-oriented

material at work.Technology makes porn easier to access at workhttp://www.usatoday.com/money/workplace.2007-10-17-porn-at-work.htm

Postscript 2

A company knew of an employee’s use of porn at work, but did not act. At some point, he emailed photos involving his work computer. His wife sued for negligence on behalf of her daughter. Trial court dismissed, but appeals court reinstated.Employer liable for not stopping computer porn, March 10, 2006http://www.hrhero.com/hl/031006-ct-liable-shtml?Hlw

Postscript 2

The same report sys that the female tech took the story to the reporter because she felt Harvard punished too lightly!

Does this change your analysis?

How?

Postscript 1-B

Motivation for non-hostile workplace:

The EEOC alleged that Sierra Aluminum fired a six-year

employee after she reported that an assistant manager had

viewed pornography on his company computer. The

company will pay $200,000 to settle.

Technology makes porn easier to access at workhttp://www.usatoday.com/money/workplace.2007-10-17-porn-at-work.htm

Postscript 2

But lawsuits occur on both sides:

And in a twist, a few lawsuits have been filed by workers who believe

they were disciplined unfairly for visiting porn

sites on company time.Technology makes porn easier to access at workhttp://www.usatoday.com/money/workplace.2007-10-17-porn-at-work.htm

Postscript 2

Protection of pornography is not the purpose of the First Amendment.

Rather, it is part of the price of the First Amendment protections.

Randall Kennedy's comments are, it seems, closer to the purpose.

Editorial Comment

One female student quotes as saying it was like getting caught with Playboys under the mattress.

How accurate is this analogy.

Viewpoint No big deal

Tie for most professional conduct is:

• the technician (or so you may think).

• the Harvard President

Conclusion

… some women … said they’d be uncomfortable taking his classes when his sabbatical ends in January.

T. Trent Gegax, Newsweek

Is this a reasonably reaction?

Viewpoint Feminist

Least professional conduct is by:

• the dean

• the Boston Globe reporter (?)

• various commentators.

Conclusion

Informed and Discerning -

Not easy, but very important.

Conclusion

NONSENSE

… raises questions about the right to privacy and about punishing people because they have interests in sexual images.

Sarah Wunsch, ACLU attorney, Boston Herald,

May 20, 1999.

Informed and discerning?

Viewpoint Privacy Violation?

Reporter (Jim Bandler) is responsible to:

• society

• his profession

• people / institutions covered

• The newspaper (a for-profit entity)

And which did the reporter choose?

Discerning

What If?

• It was the law school dean,

• Nominated to Supreme Court,

• And tech discovers records of anonymous pro bono work for KKK?

Tech’s responsibility to societyrequires making the discovery public.

• Dean resigns in November.

• Harvard keeps dean’s porn habit private.

• Article appears in May 19 Boston Globe. Reporter is James Bandler. Source is?

Who really violated the dean’s privacy?

Violation of Privacy

… nothing immoral about seeking sexual gratification from pornography per se. … Wholesale revulsion … is an irrational reaction nourished by all sorts of destructive superstitions.

Randall Kennedywww.intellectualcapital.comSo is religion a destructive

superstition?

Viewpoint Porno apologist

Harvard President is responsible to:

• the individuals involved

• the institution

• society

Discerning President’s Role

If this or a future tech felt harassed by the porn, there could be liability on Harvard's part for permitting a hostile workplace

Informed Workplace Issues

Tech discovered the dean had an archive of non-offensive images (e.g., family album)

Should the tech report this?

What should President do?

What if?

ELC has policy against pornography.

ELC Bishop to meet with the dean; punishment could range from admonition to dismissal from roster of pastors.

Informed ELC Policies

• Harvard President Rudenstine met with a dean who violated Harvard Policies.• Violation could call dean’s professional standing (ordination) into question• Publicity embarrassing to dean, Harvard.• Possible hostile workplace issues.

President handled a difficult situation well.

Informed & Discerning

Alan Dershowitz said that, though he did not know the details of the case, what [dean] chooses to do … only becomes the University’s concern if it is illegal.

Harvard Crimson, May 21, 1999

Viewpoint Anything Legal

Having a clear and clearly known computer use policy may be essential in defending lawsuits brought by employees disciplined for porn access on company computers.

Postscript 2

The name of the ex-dean does not appear in this presentation or in the companion article in the Journal of Information Systems Education.

Should the dean be identified by name in this presentation?

Why / why not?

Discussion Question

THE END