-----Original Message-----
From: mouss [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, September 20, 2000 17:16
To: Paul D. Robertson
Cc: Jarmoc, Jeff; Henry Sieff; 'Jeremy'; Firewalls
Subject: RE: blcking sites
At 15:38 20/09/00 -0400, Paul D. Robertson wrote:
>Obviously .fr has different liability laws than .us. How would you feel
>if your fiancee/mother/spouse/significant other had to deal with a
>co-worker physically making themselves "feel better" while viewing porn
>in the office?
There are differences, but they are ont relevant here as I was talking
about someone
watching porn, not telling people to do it. Note that I didn't say "sending
porn",
as that would be a legal problem (which is a problem in .fr too).
I don't think that the US law prohibits watching porn, as far as there's no
abuse
(such as children abuse or sexual harassement). and abuse is illegal in .fr
too.
so while there are some differences, they are more cultural than legal
(there are
legal diffs however).
No, there are numerous parts of the country (US) where watching porn is
illegal. Also, it is considered sexual harassment in the US anytime someone
feels like they were harassed. Here is a real (first hand) example. We had a
student (MCSE classes at a CTEC) who downloaded a picture of "Buffy the
Vampire Slayer" (don't remember her name) and set it as his wallpaper. She
was fully clothed, but the scene was considered "provocative" by a female
student. She complained and the male student was given a refund and expelled
from the classes. This was done under threat of a law suit for sexual
harassment due to the school not "providing an environment that was
conducive to learning"
while I am in, I have a qestion for those who "know the laws". suppose an
employee
visits prohibited material. Isn't it sufficient to keep the logs and show
them to the police
in case of suit? let's forget about the fact that logs aren't ecure and
other stuff, but isn't
this a way to make the employee responsible instead of the company?
If this is true, then it somewhat solves the legal part of the question.
No. Not in the US. Employers are wholly responsible for their employees
actions. You show those logs to the authorities, without having taken any
action to prevent/punish the behavior and the plaintiff's will thank you for
the evidence they needed to sue for millions of dollars. There are a number
of civil cases that prove precedence for this kind of action. IOW, no one
sues the employee, they sue the employer and it is not an adequate defense
for the employer to say "the employee did it". The employer has a legal
obligation to prevent/deter such activities.
-
[To unsubscribe, send mail to [EMAIL PROTECTED] with
"unsubscribe firewalls" in the body of the message.]
