I seldom comment on this list, but this is something I know a little about. We
have published security software since 1990 and our most popular product,
CYBERsitter, since 1996. With over 2.5m users, we have seen it all. Because it
records all browsing activity, there are many cases where we have been called
upon to interpret the activity.

I personally know of several dozen cases where divorces were contemplated,
employee terminations took place, even people who were sent back to prison for
parole violations due directly to our software. Of course that isn't even the
tip of the iceberg compared to all the kids who have been grounded for doing
nasty things they shouldn't ;)

We have had more than our share of controversy. Our policy regarding our
responsibility has remained the same throughout and has proven to be the
appropriate one I believe.

Our software is a tool. The user purchases this tool to perform a specific
function. We try to provide as much information as we can about how to use the
tool. Once the user installs our software, what they do with the data is up to
them. All we can do is to provide the tool by which to gather the data, and to
present it in a readable, factual way.

It has been my experience, that when a drastic measure is contemplated, a wife
divorcing her husband for a porn problem, an employer terminating an employee,
or whatever, the software is generally used to confirm and/or validate
something they already know.

Our policy is to make ourselves available to help people analyze the data we
provide, and to give them an honest interpretation of what we feel is taking
place. I have personally confirmed peoples suspicions, and also was able to
explain suspected activity as accidental or unsolicited. 

I was contacted one time by a district attorney from Pittsburg. An employee of
a company was arrested and in jail for uploading a propriatory customer
database to some other location. They faxed me 20 pages of logs, and after
analyzing them I discovered that the logs had been altered. It turned out the
employer had insured his data for $400,000 and had set the employee up. The
employee was released later that day and the employer (our customer) was
arrested.

Personally, I feel that the ethics question here is whose ethics will we use.
Just the fact that this question is being discussed here is proof positive to
me that we as a group do care about how the data we provide our users is used.
The best we can do is to make it as accurate as possible, and be available to
help those who need a professional opinion. Contrast this to companies that
provide no rationale whatsoever for their judgements like some RBL providers,
or companies that provide spam/porn protection but aren't there to spend the
time with you when you have a question. To many companies ethics is spelled
ethic$. Hopefully we as a group are not among them.

I am willing to bet that the employee in question was not fired solely based
on information provided by an anti-spam program. They employer probably had
complaints, suspicions, or other reasons that were taken in to account. It is
quite possible he just needed the evidence. 


 
On 02/26/03 10:14pm you wrote...
>> I'd  say  if they fired him for just receiving porn then they better
>> be prepared for a lawsuit.
>
>> If  I  had  something to do with getting rid of some sorry so and so
>> that  was doing stuff like that to his employer I'd feel pretty good
>> about it.
>
>My thoughts are completely in line with Terry's.
>
>There  is  no question of your complicity in the gentleman's firing if
>you are comfortable that the employer *knew* the offending messages to
>*not*  be  spam,  and thus out of your purvue completely. If, however,
>you  feel  that,  acting  as  a  spam  expert,  you did not adequately
>represent  the  extremely  high likelihood that pornographic e-mail is
>unsolicited,  or,  even worse, gave the reverse impression (i.e., that
>your filtering service--impossibly!--only allows through porn that was
>desired  by  the  end  user, deleting everything else on arrival), you
>should   try  to  remedy  this  misunderstanding  immediately.  As  an
>immediate  band-aid,  you  may  wish  to  release an "updated end user
>agreement"  that  highlights  this area, without revealing your direct
>motivation.
>
>I  would  feel  horrible  knowing  I'd  inadvertently  helped to frame
>someone,  whether  due to ignorance or corruption on the part of their
>boss; in fact, I would ready myself to defend the individual in court,
>and lose the client. You have to go deeper on this: it's a question of
>why/whether this has anything to do with you positively or negatively,
>since you provide anti-spam software--not employee monitoring/spyware,
>which is in a sense its direct opposite.
>
>-Sandy
>
>
>------------------------------------
>Sanford Whiteman, Chief Technologist
>Broadleaf Systems, a division of
>Cypress Integrated Systems, Inc.
>e-mail: [EMAIL PROTECTED]
>------------------------------------
>
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