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Child pornography matters New York

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  • Child pornography matters New York

    I work for a company in NY. Recently one of my coworker has been suspended for 2 weeks without pay and the company has been very tight-lipped about this matter. I heard that he was suspended because he had used the company's internet to download child pornography to his computer. He was caught by the shift supervisors and the case was reported to the owner of the company.

    My coworker already have few incidents on file over the past 2 years for watching pornography online and he was warned (verbal and written) few times but I think the company doesn't want to let him go because he is relatively cheap to keep and EXTREMELY productive. However, with child pronography in play, it is a very serious matter and I'm wondering if the company made the right decision to keep him.

    My questions are:

    1) Is it legal in NY or in the federal level if someone download pictures of child pronography and store in the computer for personal viewing?

    2) Even though both shift managers reported the incidents to the owners, but did management do the right thing for not calling law enforcement?

    3) Can anyone in management in legal trouble for not calling the police?

    4) What do the consequences can be for the company to deal with the matter internally like this?

  • #2
    If yo uaren't the manager who needs to make the decision on what to do here, I'd stay out of it. For one you only have limited information at best. For all you know the grapevine has distorted what really happened.

    As for what the company must do, there are never any laws that state an employer must fire an employee for any offense. He could literally committ murder and the company would be entitled to keep him on the books if they so chose. They also do not have to call the police unless your employer is one that by law is required to report such activities. Mostly this applies only to schools, public service agencies and the like. Certainly you could call the police, but it isn't required. It isn't a good idea to allow employees to download and view this sort of material but the company isn't in trouble because this guy chose to access these sites at work. I would be checking with IT about filtering software if I were the manager though.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      How do you know what you heard was correct since the co. is being tight lipped about the incident?

      If the matter doesn't involve you, let the higher ups handle it & don't worry about it.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Agreed.

        Before you act upon and/or spread gossip, please be prepared to be sued if your information is incorrect.

        A good rule of thumb is - before you meddle in someone else's life, at least make sure that you are acting upon fact rather than supposition.
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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        • #5
          I worked for a company where one of the owners got everyone tegether to inform that someone was using the computer to view child porn. He mentioned that it can cause a visit from the FBI, along with immediate termination since it is his company, but I dont really know what can happen in terms of govt intervention. All I know he was quite pi$$ed off and, like a member already stated about getting involved, didnt want to get involved.
          Your options in the workplace are the three "L's"- Live with it, Lobby for change, or Leave. Screaming for an attorney will do no good most of the time.

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          • #6
            Isn't it illegal to download or look at child porn, not regular porn, but child porn? If this is suspected, would it be against the law to inform the internet crimes department of the F.B.I of his/her suspicions(sp?)? I would also not go on assumptions, falsely accusing someone of a felony could have reprocussions of its own. I will ask what others have asked, how do you know???

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            • #7
              Re

              It is confirmed by the supervisor

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              • #8
                None of which changes the fact that you do not need to be involved.

                I am as disgusted as the next person by child porn. However, if the person's supervisor is involved, the situation is in the proper hands.

                If you would go to the police, they would ask you if you had any evidence other than hearsay. You would say no. They would thank you for your time.

                And you can be sued for slander and/or libel depending on how the information is spread. While you may believe what you are spreading is the truth, you have no personal knowledge and no personal evidence.

                Please tread carefully.
                Not everything that makes you mad, sad or uncomfortable is legally actionable.

                I am not now nor ever was an attorney.

                Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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                • #9
                  Look, you could call the internet crimes unit of the F.B.I, and tell them of your SUSPICIONS, and what you were told by the supervisor. If they want, they have ways of tracing illegal activity on any computer, and if they feel it is warranted, THEY can take action. You don't even have to mention names, to save yourself the slander troubles. I would imagine if they found something, and went to the owners/supervisors, they would own up to who is responsible, to save their own butts, and then it would be between them and the employee. IF they find nothing, you will see nothing done by the fed's. Other than that, you can do nothing, it is not up to you to determine what kind of punishment an employee gets for any reason. Good luck to you!

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                  • #10
                    Fyi

                    http://www.littler.com/presspublicat...hildViewID=249

                    "In a ground-breaking decision, the New Jersey Court of Appeals held on the eve of 2006 that employers have a duty to uncover and stop an employee's use of corporate electronic resources for child-porn activities once the employer knows, or should know, that an employee is accessing adult pornography. If followed in other jurisdictions, this case, Doe v. XYC Corp., No. A-2909-04T2 (N.J. Super. Ct. Dec. 27, 2005), could provide the basis for a whole new genre of employment litigation that seeks to hold employers responsible for the damages to victims of crimes committed by employees using corporate electronic resources. At a minimum, the case provides an important reminder that an employer who is put on notice that its employees are utilizing the company's electronic resources for nonbusiness purposes should take steps to ensure that the use does not include accessing pornography, or worse. ..."
                    Last edited by DAW; 07-22-2007, 08:01 AM.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment


                    • #11
                      Folks,

                      We are all in agreement that if such an action is taken, the person should be, at least, termed and, better, imprisoned for a period of time roughly approximating the return of Haley's Comet.

                      My posts were directed toward the OP, the crime and the OP's knowledge and responsibility thereto. The OP is not the supervisor and does not have first hand knowledge of any crime that may or may not have been committed.

                      The responsibility to take the appropriate actions is in the hands of company management. Not the OP.
                      Not everything that makes you mad, sad or uncomfortable is legally actionable.

                      I am not now nor ever was an attorney.

                      Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                      Comment

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