Well, so much for privacy!

Summary: I just read Monday morning massacre: 17 employees fired for forwarding porn and, quite frankly, I am appalled.  The TELLING part of this article is the quote:"It would be considered offensive by many people, and some of it was very pornographic and we're an educational association," Cindy Stevenson, superintendent of Jefferson County Public Schools, said.

I just read Monday morning massacre: 17 employees fired for forwarding porn and, quite frankly, I am appalled.  The TELLING part of this article is the quote:

"It would be considered offensive by many people, and some of it was very pornographic and we're an educational association," Cindy Stevenson, superintendent of Jefferson County Public Schools, said. "We work with children. As far as we know, no students saw anything inappropriate," she said.

We can all appreciate the sensitivity of the matter of pornography in an educational setting where minors are present but their was nothing in the article suggesting that the e-mails in question were publicly available (posted on a listserv, for instance).  In fact, except for listservs (and similar mass e-mail tools), e-mail is decidedly private.  It is not accessible to ANYONE except the sender, the recipient, and the UNSCRUPULOUS systems administrator.   

From the quote above, it appears that some of these people may have been dismissed for material which might be offensive to some people -- but in other's estimation might not rise to the level of pornography.  To some people, an off-color joke, or a stereotype with sexual overtones might be consider pornographic.  Unlike obscenity, from a legal standpoint pornography is not illegal -- unless the exploitation of minors is involved -- which seems not to be the case here. 

I would understand if one or more employees decided to knowingly flood their co-worker's e-mail environment with material they thought might be offensive but, without more information, one has every reason to believe that either (1) an employee inadvertently included someone on his mailing list that was offended and decided to 'blow the whistle', or (2) the school district has been reading its employees' e-mail. 

If it's the former, a lot of good employees may have paid a high price for the indiscretion of one or two of them.  If, on the other had, the later is the case, the school district overstepped the bounds of decency by snooping on its employees. 

I said in my last post (See Rights of privacy for all?) that a student's right of privacy should be of paramount importance.  Well, it ought to be a forgone conclusion that the same privacy rights should be extended to an educational institution's employees. 

At the very least, no employee should ever be subject to having their personal e-mail monitored unless they have been explicitly advised that their employer is doing so. While any employer has a right restrict an employee's use of employer-owned technology, unless the employee's productivity leads the employer to be concerned about the activities of that employee, the employee's privacy should be of the utmost concern. 

A final word to the wise:

Sending e-mail is not like sending a letter.  A letter is sealed and is almost never opened by the the post office.  Sending e-mail is more like sending a post card.  The postman that picks it up can read it, the postman that delivers it can read it, and so can everyone between you and the intended recipient. 

As foretold by George Orwell in his Novel "1984", we have reached a point where loss of privacy has been justified as a means of protecting ourselves and our society.  Sadly, such viewpoints only open the door to tyranny by those who would claim to be our protectors. 

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  • Check your facts first

    You, sir, have overstepped the bounds of decency and responsibility. You have accused system administrators of spying on their fellow employees while treating the most likely means of this discovery - an employee that received the message and found the it offensive - as an afterthought.

    Most ITers are far too busy to go on a witch-hunt and only will do investigations when the employer demmands one. This same employer sets the policies and pays for the systems. The law already has decided in favor of the employer's ability to review e-mail messages sent and stored on their system.

    Unless you have inside information, you do not know what really happened. You assumed you knew the whole story based on an article. To accuse the system admin of just trolling though everyone's e-mail just for his or her own jollies based on an assumption is reckless and irresponsible.
    Chad Strunk
    • In truth, neither of us know the facts ...

      ... and you are correct, more likely than not, it was not some 'unscrupulous' systems administrator that 'blew the whistle'.

      That said, e-mails are private -- and short of a legally exectued search warrant, or some other probable cause suggesting illegal activity, it is unethical (if not illegal) for an employer to snoop through an employee's personal e-mail.

      Working for a public institution, I am fully aware that information housed on my employer's computers can be made public under certain circumstances.

      Nevertheless, because my institution takes seriously its responsibilities to protect its students and it's employees, I know full well that I am not going to be swept up in some kind of a "sting" perpetrated by my employers.

      Reardless of how these 'questionable' e-mails became known to the school district, I find it hard to believe that all 17 of these people were guilty of anything other than being indiscreet.

      Academic freedom has been under attack for quite some time (from the left as well as from the right) and anything in an academic setting which smacks of censorship needs to be taken very seriously.

      My advice is for all academic institutions to have policies in place that make it hard for private communications to make their way into the public eye. They need to protect their students and their employees.

      I also advised the employee to be aware that e-mail is secure but not safe from prying eyes. Discretion is always the better part of valour.
      M Wagner
      • You are so so so wronggggg!

        They don't need a warrant, every teacher or Admin person around has signed a thing that said we understood their policies and would abide by them. The policy clearly states no obscene stuff, no porn, no etc etc... and that all of it could and/or would be monitored by the Boss, somehow. And you know what? As teachers and/or administrators, we should have a higher level of responsibility about stuff like this. There is absolutely no excuse for bouncing offensive or obscene email around a school district!

        Also, your quote about "In fact, except for listservs (and similar mass e-mail tools), e-mail is decidedly private." is pathetic.
        You apparently don't actually work around children. NOTHING you have in the building is private. Despite the warnings by IT, teachers will allow kids to use their own machines, because we don't have enough machines to do what we need to do. Subs let kids run wild, student aides have to use it to make a poster or find that info you need. So much for privacy.

        Oh, and as far as a student's right to privacy...Screw that! They are minors in our charge and we do not have the same requirements as the police, because we have MORE responsibilities for their well-being than do the police and courts. Are you seriously saying we should extend privacy rights to a 15 year old nut job who may bring a gun to school? Should we wait for a warrant to check a kids locker? Long wait, because we don't have probable cause; we just know that he's acting hinky today, and we heard someone say that someone else said that he was going to do something major today...No sweat, we'll let him have his privacy. After he pulls the gun out and starts shooting, we'll call the cops and they'll take care to read him Miranda, if they don't have to kill him to get him to stop shooting.

        Maybe if we had violated his RIGHTS, he'd be alive and dealing with possesion of a firearm, instead of being a dead mass murderer!

        Bozo.
        ajole
  • Take a powder

    Come back down to earth, people. Most businesses (even schools and government agencies) require employees to sign their allegiance to current company, IT, and security policy. Most companies own all data entered on company systems - including email. When at work, your thoughts belong to the company (even Orwell's belonged to his publisher long before 1984). By such measures, employers can and do protect their legal assets by occasionally monitoring email and - the gods forbid - actual keystrokes and device activity. Systems and infrastructure provided by an employer are for the conduct of business for that employer. In most states, employers who have properly managed policy may do very much as they please. Employees are (and rightly should be) liable for irresponsible use of business assets. Irresponsible users should and do suffer the consequences of their actions. Where companies do need to stand tall is in punishing the culprit instead of all who may have been unintentionally tainted. In this day of sue-me-sue-you mentality, no one should be surprised.
    znewt
    • Academic Institutions are not employers ...

      ... and should respect, above all, academic freedom.

      Students should have their own accounts at school and should know what their rights and responsiblities are when using school resources. And they should be dealt with for violating those policies.

      The same should apply to staff and administrators. Students and Teachers alike need to observe all rights of privacy -- including not sharing their logins with others.

      As I said, discretion is the better part of valor and any employee who casually passes around e-mail which might be offensive ought to know better but should someone lose their jobs because they did something stupid. If school don't want their employees using the school's e-mail for personal correspondence, then they need to make that clear BEFORE they fire them.

      My point is that if indeed these folks were fired for a single indiscretion, that was inappropriate. If the school district found out about the indiscreet e-mail be reading their private correspondence, that crosses the line.

      The important part of your statement above is "employers who have properly managed policy may do very much as they please" and this is true. I serioulsy question if these people would have been fired had the school district had a "properly managed policy".
      M Wagner
  • Earth calling...

    The premise that your e-mail is private would hold water if these people were using their private e-mail accounts. However, as is most likely the case, they were using the employer's e-mail service, they can expect no privacy. Companies today have to protect themselves from lawsuits from without and within. There have been a number of court cases resolved across the nation that give employers the right to control what happens on company owned equipment and infrastructure. This control also extends to the level of ?punishment? that occurs in the event an employee does something that is contrary to the company's benefit or policies.

    So, if any of you think those e-mails you send and receive from work accounts or those IMs you send back and forth to friends from your work machines are somehow protected, you better read up on your employment case law.
    sekakemp
    • All true ...

      ... if we were not talking about an academic instutiton. Such institutions used to pride themselves in protecting academic freedom. Unless these questionable e-mails became public at the hands of one of the recipients, or the recipient was a minor, or unless this was a repeat offense, there is no justification for a mass firing.
      M Wagner
  • As an unscrupulous network administrator

    Current case law says that if the company (in this case the school district) provides the e-mail system, they own it. A presumption of privacy in e-mail (unless encrypted) was never part of the design.
    Second, acceptable use of provided services: e-mail, internet, printers, copiers, word/photo processors are standard business policy. How many times had they been counseled about their missives.
    Third, my job is to follow the best practices in technology and Law. Anything less endanges my company and my job.
    plumley@...
    • All true ...

      ... but the interesting part of your post is "How many times had they been counseled about their missives." If this was a repeat offense, then the school district was correct in its decision. There is nothing in the original story to suggest that this was anything but a knee-jerk reaction by an overzealous school district.
      M Wagner
  • If we look at the original story...

    <pre>The original story appears in the Denver post:

    http://www.denverpost.com/news/ci_3774378
    (sorry, you'll probably have to cut and paste the link)

    It's still not clear whether the staff were using district email accounts, but not only were they using district computers, they were in pretty clear violation of the district acceptable use policy, regardless of the email accounts used. Given the nature of the investigation, one could infer, however, that these were likely district accounts, further violating the policy.

    Usually Marc and I agree in a lot of areas, but I have to chime in here and agree with most of the talkbacks - assuming (again, a pretty easy inference from the Denver post article) that this was not a first-time offense or a one-time occurrence (which should certainly result in censure, but probably not termination), the district was fully justified. What we do on our private time with our own email accounts should very much be protected. What we do with taxpayer (or employer) equipment, software, time, and resources can't be (and isn't) protected in the same way. Employers (and school districts in particular) have too much at stake. This is why God made acceptable use policies for computer resources.

    ...Chris Dawson

    </pre>
    mrdatahs