"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008 “Porn on the Dean’s PC” Kevin W. Bowyer Schubmehl-Prein Professor

"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

““Porn on the Dean’s PC”Porn on the Dean’s PC”

Kevin W. BowyerKevin W. Bowyer

Schubmehl-Prein Professor & ChairSchubmehl-Prein Professor & Chair

Dep’t of Computer Science & EngineeringDep’t of Computer Science & Engineering

University of Notre DameUniversity of Notre Dame


AcknowledgmentsAcknowledgments

This case study:This case study:

originally developed as part of NSF originally developed as part of NSF grant DUE 97-52792, grant DUE 97-52792,

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

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


Good case study because:Good case study because:

Real facts, conclusions, opinions.Real facts, conclusions, opinions.

Relevant issues, general principles.Relevant issues, general principles.

Illustrates the importance of beingIllustrates the importance of being

Informed and Discerning.Informed and Discerning.


Issues In This CaseIssues In This Case

Employee rights and responsibilities in Employee rights and responsibilities in using employer computing resources.using employer computing resources.

Employer responsibilities in handling Employer responsibilities in handling violations of company policies.violations of company policies.

Rights of privacy and free speech.Rights of privacy and free speech.

Standards of professional conduct.Standards of professional conduct.

Critical-thinking abilities.Critical-thinking abilities.


A Quick First LookA Quick First Look

Tech discovers porn on dean’s home PC.Tech discovers porn on dean’s home PC.

Tech reports porn to administration.Tech reports porn to administration.

Dean resigns dean-ship, but keeps tenure.Dean resigns dean-ship, but keeps tenure.

Should tech keep discovery confidential?Should tech keep discovery confidential?


Informed and DiscerningInformed and Discerning

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

Well-reasoned conclusions should be Well-reasoned conclusions should be informedinformed about the facts, about the facts, andanddiscerningdiscerning of which facts are relevant. of which facts are relevant.


Informed - About the DeanInformed - About the Dean

Married, two grown daughters.Married, two grown daughters.

Ordained Evangelical Lutheran pastor.Ordained Evangelical Lutheran pastor.

Dean of Harvard Divinity for 13 years.Dean of Harvard Divinity for 13 years.

Established the Center for Study of Values Established the Center for Study of Values In Public Life.In Public Life.

Strong record raising endowment funds.Strong record raising endowment funds.


Informed - How It StartedInformed - How It Started

Dean requests more disk, transfer of files.Dean requests more disk, transfer of files.

Tech discovers porn in course of work:Tech discovers porn in course of work:

Image on-screen? Tech opened files?Image on-screen? Tech opened files?

““Thousands of images.”Thousands of images.”

Porn was legal: no children, violence.Porn was legal: no children, violence.

Supervisor asks why upgrade takes time.Supervisor asks why upgrade takes time.


Informed - “Harvard-ness”Informed - “Harvard-ness”

Dean is Harvard employee.Dean is Harvard employee.

Tech is Harvard employee.Tech is Harvard employee.

PC is Harvard property.PC is Harvard property.

PC is located in dean’s home office.PC is located in dean’s home office.

Dean’s home is Harvard property.Dean’s home is Harvard property.


Informed - Harvard PoliciesInformed - Harvard Policies

No “No “inappropriate, obscene, bigoted or inappropriate, obscene, bigoted or abusiveabusive” material.” material.

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

““Explicit authorizationExplicit authorization” required for “” required for “private private … or non-Harvard uses… or non-Harvard uses.”.”


Informed - LegalitiesInformed - Legalities

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

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

21% of companies review stored files.21% of companies review stored files.


Informed - LegalitiesInformed - Legalities

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

C. Cornish, ABA privacy committeeC. Cornish, ABA privacy committee


Informed Second LookInformed Second Look

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

Should tech keep discovery confidential?Should tech keep discovery confidential?


Viewpoint - “The Tech’s Fault”Viewpoint - “The Tech’s Fault”

News articles with titles such as - News articles with titles such as - ““Do Computer Docs Need a Hippocratic Do Computer Docs Need a Hippocratic Oath?”Oath?” make their spin on the incident clear. make their spin on the incident clear.

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


Appropriateness of AnalogiesAppropriateness of Analogies

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

An appropriate analogy should An appropriate analogy should present a similar graph structure. present a similar graph structure.



Idealized doctor / patient relationship.Idealized doctor / patient relationship.

doctordoctor patientpatient

employsemploys

personal servicepersonal service



Harvard - dean - tech relationships.Harvard - dean - tech relationships.

deandean techtech

employsemploys

servicesservices

HarvardHarvard

PCPC

ownsownsemploysemploys

usesuses



So a doctor-patient relationship seemsSo a doctor-patient relationship seems

to be a poor analogy to reason from.to be a poor analogy to reason from.

What is a more appropriate analogy?What is a more appropriate analogy?



Inexact analogy; doctor gives pilot physical.Inexact analogy; doctor gives pilot physical.

pilotpilot doctordoctor

employsemploys

personalpersonalserviceservice

airlineairline

planeplane


uses inuses inworkwork



Better analogy, at least in structure.Better analogy, at least in structure.

pilotpilot techtech

employsemploys

servicesservices

airlineairline

planeplane





Better still, tech replacing file cabinet.Better still, tech replacing file cabinet.

managermanager techtech

employsemploys

servicesservices

companycompany

filefilecabinetcabinet




Discerning - Dean’s Discerning - Dean’s RoleRole

Dean has responsibilities toDean has responsibilities to

employer / the administrationemployer / the administration

colleagues, students, alumnicolleagues, students, alumni

familyfamily

societysociety

God / Synod of ELCGod / Synod of ELC


Discerning - Tech’s RoleDiscerning - Tech’s Role

Tech has responsibilities toTech has responsibilities to

employer / the administrationemployer / the administration

colleagues, students, alumnicolleagues, students, alumni

familyfamily

societysociety


Guidance from Code of Ethics?Guidance from Code of Ethics?

Do any of the professional codes Do any of the professional codes

of ethics offer solid guidance to of ethics offer solid guidance to

the technician in this incident?the technician in this incident?


AITP Standards of ConductAITP Standards of Conduct

Protect the privacy and Protect the privacy and

confidentiality of all information confidentiality of all information

entrusted to me. entrusted to me.

but alsobut also

Protect the proper interests of my Protect the proper interests of my

employer at all times.employer at all times.


ACM Code of EthicsACM Code of Ethics

Respect the privacy of others.Respect the privacy of others.

but alsobut also

Support proper and authorized Support proper and authorized

uses of an organization’s uses of an organization’s

computing resources.computing resources.


Soft. Eng. Code of EthicsSoft. Eng. Code of Ethics

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

but alsobut also Use the property of an employer Use the property of an employer

only in ways properly authorized, only in ways properly authorized, and with knowledge and consent.and with knowledge and consent.


Informed & DiscerningInformed & Discerning

Tech has competing responsibilities:Tech has competing responsibilities:

Privacy of what is seen on dean’s pcPrivacy of what is seen on dean’s pc

Violation of computer use policyViolation of computer use policy

Correctly followed greater responsibility.Correctly followed greater responsibility.


What If ... What If ...

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

Should tech keep it confidential? Should tech keep it confidential?

Absolutely.Absolutely.


What If ... What If ...

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

Should tech keep it confidential?Should tech keep it confidential?

Absolutely.Absolutely.


Discerning - President’s RoleDiscerning - President’s Role

Harvard President is responsible toHarvard President is responsible to

the individuals involvedthe individuals involved

the institutionthe institution

societysociety


Informed - ELC PoliciesInformed - ELC Policies

ELC has policy against pornography.ELC has policy against pornography.

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


Informed - Workplace IssuesInformed - Workplace Issues

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


Informed & DiscerningInformed & Discerning

Harvard President Rudenstine met with a Harvard President Rudenstine met with a dean who violated Harvard policies.dean who violated Harvard policies.

Violation could call dean’s professional Violation could call dean’s professional standing (ordination) into question. standing (ordination) into question.

Publicity embarrassing to dean, Harvard.Publicity embarrassing to dean, Harvard.

Possible hostile workplace issues.Possible hostile workplace issues.

President handled a difficult situation well.President handled a difficult situation well.


What If?What If?

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

Should the tech report this?Should the tech report this?

What should President do? What should President do?


Viewpoint - “Anything Legal”Viewpoint - “Anything Legal”

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

Harvard CrimsonHarvard Crimson, May 21, 1999, May 21, 1999


NonsenseNonsense..


What If?What If?

It was the law school dean,It was the law school dean,

Nominated to Supreme Court,Nominated to Supreme Court,

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

Tech’s responsibility to society Tech’s responsibility to society requiresrequires making the discovery public. making the discovery public.


Viewpoint - Privacy Violation?Viewpoint - Privacy Violation?

… … raises questions about the right to raises questions about the right to privacy and about punishing people privacy and about punishing people because they have interests in sexual because they have interests in sexual images.images.Sarah Wunsch, ACLU attorney, Sarah Wunsch, ACLU attorney, Boston Herald, May 20, 1999.Boston Herald, May 20, 1999.Informed and discerning?Informed and discerning?


Violation of Privacy?Violation of Privacy?

Dean resigns in November.Dean resigns in November.

Harvard keeps dean’s porn habit private.Harvard keeps dean’s porn habit private.

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

Who Who reallyreally violated the dean’s privacy? violated the dean’s privacy?


DiscerningDiscerning

Reporter (Jim Bandler) is responsible toReporter (Jim Bandler) is responsible to

societysociety

his professionhis profession

people / institutions coveredpeople / institutions covered

the newspaper (a for-profit entity)the newspaper (a for-profit entity)

And which did the reporter choose?And which did the reporter choose?


Viewpoint - “Porno apologist”Viewpoint - “Porno apologist”

“ “... ... nothing immoral about seeking sexual nothing immoral about seeking sexual gratification from pornography per se.gratification from pornography per se. … …

Wholesale revulsion ... is an irrational Wholesale revulsion ... is an irrational reaction nourished by all sorts of reaction nourished by all sorts of destructive superstitionsdestructive superstitions.”.”

Randall Kennedy Randall Kennedy www.intellectualcapital.comwww.intellectualcapital.com

So is religion a “destructive superstition”?So is religion a “destructive superstition”?


Editorial CommentEditorial Comment

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

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

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


Viewpoint - “Feminist”Viewpoint - “Feminist”

““... some women ... said they’d be ... some women ... said they’d be uncomfortable taking his classes uncomfortable taking his classes when his sabbatical ends in when his sabbatical ends in JanuaryJanuary.”.”

T. Trent Gegax, NewsweekT. Trent Gegax, Newsweek

Is this a reasonable reaction?Is this a reasonable reaction?


Viewpoint - “No big deal”Viewpoint - “No big deal”

One female student quoted as One female student quoted as saying it was “saying it was “like getting caught like getting caught with Playboys under the mattresswith Playboys under the mattress.”.”

How accurate is this analogy?How accurate is this analogy?


ConclusionConclusion

Least professional conduct is by:Least professional conduct is by:

the deanthe dean

the Boston Globe reporter (?)the Boston Globe reporter (?)

various commentators.various commentators.



Tie for most professional conduct isTie for most professional conduct is

the technician (or so you may think).the technician (or so you may think).

the Harvard President.the Harvard President.



Informed and Discerning - Informed and Discerning -

Not easy, but very important.Not easy, but very important.


Postscript 1-APostscript 1-A

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

Does this change your analysis? Does this change your analysis?

How?How?


Postscript 1-BPostscript 1-B

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

Does this change your analysis? Does this change your analysis? How?How?


Postscript 2Postscript 2

Motivation for non-hostile workplace:Motivation for non-hostile workplace:

The EEOC has brought several lawsuits The EEOC has brought several lawsuits against companies based on complaints against companies based on complaints by people who claimed that they saw co-by people who claimed that they saw co-workers viewing or distributing adult-workers viewing or distributing adult-oriented material at work.oriented material at work.

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



Motivation for non-hostile workplace:Motivation for non-hostile workplace:

The EEOC alleged that Sierra Aluminum The EEOC alleged that Sierra Aluminum fired a six-year employee after she fired a six-year employee after she reported that an assistant manager had reported that an assistant manager had viewed pornography on his company viewed pornography on his company computer. The company will pay computer. The company will pay $200,000 to settle.$200,000 to settle.Technology makes porn easier to access at work Technology makes porn easier to access at work http://www.usatoday.com/money/workplace.2007-10-17-porn-at-work.htmhttp://www.usatoday.com/money/workplace.2007-10-17-porn-at-work.htm



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



But lawsuits occur on both sides:But lawsuits occur on both sides:

And in a twist, a few lawsuits have been And in a twist, a few lawsuits have been filed by workers who believe they were filed by workers who believe they were disciplined unfairly for visiting porn sites disciplined unfairly for visiting porn sites on company time.on company time.

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



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


The End.The End.


Discussion QuestionDiscussion Question

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

Should the dean be identified by name Should the dean be identified by name in this presentation? Why / why not?in this presentation? Why / why not?

Documents

"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008 “Porn on the Dean’s PC” Kevin W. Bowyer Schubmehl-Prein Professor