1. “Porn on the Dean’s PC” Kevin W. Bowyer
Schubmehl-Prein Professor & Chair
Dep’t of Computer Science & Engineering
University of Notre Dame
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

2. Acknowledgments This case study:
originally developed as part of NSF grant DUE ,
the basis of a plenary talk given at ISECON 99, and
the focus of a Journal of Information Systems Education paper in 2000.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

3. Good case study because:
Real facts, conclusions, opinions.
Relevant issues, general principles.
Illustrates the importance of being
Informed and Discerning.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

4. Issues In This Case
Employee rights and responsibilities in using employer computing resources.
Employer responsibilities in handling violations of company policies.
Rights of privacy and free speech.
Standards of professional conduct.
Critical-thinking abilities.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

5. A Quick First Look Tech discovers porn on dean’s home PC.
Tech reports porn to administration.
Dean resigns dean-ship, but keeps tenure.
Should tech keep discovery confidential?
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

6. Informed and Discerning
First impressions are likely to reflect knee-jerk reactions, prejudices, etc.
Well-reasoned conclusions should be informed about the facts, and
discerning of which facts are relevant.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

7. Informed - About the Dean
Married, two grown daughters.
Ordained Evangelical Lutheran pastor.
Dean of Harvard Divinity for 13 years.
Established the Center for Study of Values In Public Life.
Strong record raising endowment funds.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

8. Informed - How It Started
Dean requests more disk, transfer of files.
Tech discovers porn in course of work:
Image on-screen? Tech opened files?
“Thousands of images.”
Porn was legal: no children, violence.
Supervisor asks why upgrade takes time.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

9. Informed - “Harvard-ness”
Dean is Harvard employee.
Tech is Harvard employee.
PC is Harvard property.
PC is located in dean’s home office.
Dean’s home is Harvard property.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

10. Informed - Harvard Policies
No “inappropriate, obscene, bigoted or abusive” material.
Computer use “related to School’s mission of education, research and public service.”
“Explicit authorization” required for “private … or non-Harvard uses.”
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

11. Informed - Legalities
Employee does not have legal right to privacy on the company computer.
AMA survey: 27% of US firms review employee , most on random basis.
21% of companies review stored files.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

12. Informed - Legalities
In this day and age, I would say that an employee is foolish or naïve who allows information to be stored in his or her computer that he or she does not want the employer to be aware of.
C. Cornish, ABA privacy committee
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

13. Informed Second Look
Harvard employee discovers, while on the job, a Harvard employee using Harvard equipment in violation of policies.
Should tech keep discovery confidential?
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

14. Viewpoint - “The Tech’s Fault”
News articles with titles such as “Do Computer Docs Need a Hippocratic Oath?” make their spin on the incident clear.
The underlying analogy is attractive, but just how appropriate is it?
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

15. Appropriateness of Analogies
Consider summarizing the relevant people / institutions and relationships in a graph.
An appropriate analogy should present a similar graph structure.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

16. Appropriateness of Analogies
employs
doctor
patient
personal service
Idealized doctor / patient relationship.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

17. Appropriateness of Analogies
Harvard
employs
employs
owns
tech
dean
uses
services PC
Harvard - dean - tech relationships.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

18. Appropriateness of Analogies
So a doctor-patient relationship seems
to be a poor analogy to reason from.
What is a more appropriate analogy?
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

19. Appropriateness of Analogies
airline
employs
employs
owns
doctor
pilot
personal
service
uses in
work
plane
Inexact analogy; doctor gives pilot physical.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

20. Appropriateness of Analogies
airline
employs
employs
owns
tech
pilot
uses in
work
services
plane
Better analogy, at least in structure.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

21. Appropriateness of Analogies
company
employs
employs
owns
manager
tech
uses in
work
file
cabinet
services
Better still, tech replacing file cabinet.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

22. Discerning - Dean’s Role
Dean has responsibilities to
employer / the administration
colleagues, students, alumni
family
society
God / Synod of ELC
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

23. Discerning - Tech’s Role
Tech has responsibilities to
employer / the administration
colleagues, students, alumni
family
society
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

24. Guidance from Code of Ethics?
Do any of the professional codes of ethics offer solid guidance to the technician in this incident?
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

25. AITP Standards of Conduct
Protect the privacy and confidentiality of all information entrusted to me.
but also
Protect the proper interests of my employer at all times.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

26. ACM Code of Ethics Respect the privacy of others. but also
Support proper and authorized uses of an organization’s computing resources.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

27. Soft. Eng. Code of Ethics
Keep private any confidential information gained in professional work, consistent with … the law.
but also
Use the property of an employer only in ways properly authorized, and with knowledge and consent.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

28. Informed & Discerning Tech has competing responsibilities:
Privacy of what is seen on dean’s pc
Violation of computer use policy
Correctly followed greater responsibility.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

29. What If ...
Tech discovered potentially embarrassing medical information (e.g., HIV+)?
Should tech keep it confidential?
Absolutely.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

30. What If ...
Dean owned his own pc, and hired a tech from the local computer store?
Should tech keep it confidential?
Absolutely.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

31. Discerning - President’s Role
Harvard President is responsible to
the individuals involved
the institution
society
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

32. Informed - ELC Policies
ELC has policy against pornography.
ELC Bishop to meet with the dean; punishment could range from admonition to dismissal from roster of pastors.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

33. Informed - Workplace Issues
If this or a future tech felt harassed by the porn, there could be liability on Harvard’s part for permitting a hostile workplace.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

34. Informed & Discerning
Harvard President Rudenstine met with a dean who violated Harvard policies.
Violation could call dean’s professional standing (ordination) into question.
Publicity embarrassing to dean, Harvard.
Possible hostile workplace issues.
President handled a difficult situation well.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

35. What If?
Tech discovered the dean had an archive of non-offensive images (e.g., family album)?
Should the tech report this?
What should President do?
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

36. Viewpoint - “Anything Legal”
Alan Dershowitz said that, though he did not know the details of the case, what [dean] chooses to do … only becomes the University’s concern if it is illegal.
Harvard Crimson, May 21, 1999
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

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

38. What If? It was the law school dean, Nominated to Supreme Court,
And tech discovers records of anonymous pro bono work for KKK?
Tech’s responsibility to society requires making the discovery public.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

39. Viewpoint - Privacy Violation?
… raises questions about the right to privacy and about punishing people because they have interests in sexual images.
Sarah Wunsch, ACLU attorney, Boston Herald, May 20, 1999.
Informed and discerning?
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

40. Violation of Privacy? Dean resigns in November.
Harvard keeps dean’s porn habit private.
Article appears in May 19 Boston Globe. Reporter is James Bandler. Source is ?
Who really violated the dean’s privacy?
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

41. Discerning Reporter (Jim Bandler) is responsible to society
his profession
people / institutions covered
the newspaper (a for-profit entity)
And which did the reporter choose?
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

42. Viewpoint - “Porno apologist”
“... nothing immoral about seeking sexual gratification from pornography per se. …
Wholesale revulsion ... is an irrational reaction nourished by all sorts of destructive superstitions.”
Randall Kennedy
So is religion a “destructive superstition”?
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

43. Editorial Comment
Protection of pornography is not the purpose of the First Amendment.
Rather, it is part of the price of the First Amendment protections.
Randall Kennedy’s comments are, it seems, closer to the purpose.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

44. Viewpoint - “Feminist”
“... some women ... said they’d be uncomfortable taking his classes when his sabbatical ends in January.”
T. Trent Gegax, Newsweek
Is this a reasonable reaction?
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

45. Viewpoint - “No big deal”
One female student quoted as saying it was “like getting caught with Playboys under the mattress.”
How accurate is this analogy?
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

46. Conclusion Least professional conduct is by: the dean
the Boston Globe reporter (?)
various commentators.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

47. Conclusion Tie for most professional conduct is
the technician (or so you may think).
the Harvard President.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

48. Conclusion Informed and Discerning - Not easy, but very important.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

49. Postscript 1-A
Anonymous, unverified, personal says that the tech is a woman!
Does this change your analysis?
How?
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

50. Postscript 1-B
The same report says that the female tech took the story to the reporter because she felt Harvard punished the dean too lightly!
Does this change your analysis?
How?
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

51. Postscript 2 Motivation for non-hostile workplace:
The EEOC has brought several lawsuits against companies based on complaints by people who claimed that they saw co-workers viewing or distributing adult-oriented material at work.
Technology makes porn easier to access at work
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

52. Postscript 2 Motivation for non-hostile workplace:
The EEOC alleged that Sierra Aluminum fired a six-year employee after she reported that an assistant manager had viewed pornography on his company computer. The company will pay $200,000 to settle.
Technology makes porn easier to access at work
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

53. Postscript 2
A company knew of an employee's use of porn at work, but did not act. At some point, he ed photos involving his step-daughter from his work computer. His wife sued for negligence on behalf of her daughter. Trial court dismissed, but appeals court reinstated.
Employer liable for not stopping computer porn, March 10,
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

54. Postscript 2 But lawsuits occur on both sides:
And in a twist, a few lawsuits have been filed by workers who believe they were disciplined unfairly for visiting porn sites on company time.
Technology makes porn easier to access at work
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

55. Postscript 2
Having a clear and clearly known computer use policy may be essential in defending lawsuits brought by employees disciplined for porn access on company computers.
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008

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

57. Discussion Question
The name of the ex-dean does not appear in this presentation or in the companion article in the Journal of Information Systems Education.
Should the dean be identified by name in this presentation? Why / why not?
"Porn On The Dean's PC" - Copyright, Kevin Bowyer - Most recent revision: 21 February 2008