I can't believe you guys are agonizing over this "ethical dilema." it
redicuolus...  have you been so jaded by "popular opinion" of what is right
or wrong that  you let $$$ signs dictate what is right and wrong?
Poronography and all the sick things that go with it (  i don't think i have
to elaborate do I?) are PLAIN WRONG!  Anyone caught "dealing" with it within
our system is removed and banned instantly! no chance of appeal....If you
don't like the terms & conditions then leave!  And you know what... our
clients like that .. many signup with us for that very fact.... they feel
safer that we enforce those rules.. Ty it you'll be surprised.


----- Original Message -----
From: "Karen Oland" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Friday, February 28, 2003 7:23 PM
Subject: RE: Re[2]: DSN:Re: Re[2]: [Declude.JunkMail] A Question of Ethics


> > In a corporate setting a company may or may not have an
> > Internet/email/conduct policy. If not, it may be very dificult to fire
> > someone for conduct that they didn't agree to abide by and if it came to
> > a lawsuit they would probably loose.
>
> In fact, in TN, a long-haul trucker won a worker's comp lawsuit against
his
> employer for injuries suffered while having sex in his cab, driving down
the
> road and he was hit by a train (the female "passenger", having no seat
belt
> and not being seated in a passenger seat anyway, was thrown from the truck
> and killed).  The first court ruled against the trucker (holding the
belief
> that such behavior was outside the bounds of reasonable on-the-job
behavior
> and as such, not a compensible accident). Higher courts ruled for the
> trucker - there was no written policy prohibiting such behavior and this
> person was used to doing this on a routine basis while performing his job
> (doesn't this make you feel safe, driving the freeway when it is full of
> trucks?).
>
> So, yes, without a written policy prohibiting certain behavior, you will
> probably lose in a suit. However, in any case, using porn email as "proof"
> of violating a written policy would probably also result in losing such a
> suit -- all it would take is having one person on a jury that has an email
> account of their own -- eventually, everyone gets porn email, it seems,
and
> once on the list, the amount seems to keep adding up (we even get it on
> email accounts that were set up as a mailing list for internal
distribution,
> that have never sent any emails out to the world). And much porn email can
> look as though it was asked for, substituting first names (gathered using
> many techniques) into long messages, using subject lines that look as tho
> you asked for the information (lures to get the email opened), etc.  A
> better use of Declude would be to offer porn filtering (delete on
detection)
> and spam forwarding (for retrieval of misclassified messages when
> necessary).
>
> Better proof would be simply browsing someones workstation and web surfing
> history (few delete such things and one of the worst cases I ever worked
on
> was an attorney several years back that had installed compression onto his
> drives in order to make room for all the pornographic games, pictures,
> movies that had been downloaded and stored all over his official company
> computer).
>
> K. Oland
>
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