Legal Question in Technology Law in New Jersey

Re: Pornography sent to company email addresses

Both the employee and the employer have several available causes of action. The chief problem with suits of this type is proof. The evidence has to be collected quickly.

Some Internet users think that they have a constitutional right to anonymity that shields them. Not so. An email can be traced back to the user if one knows how and the ISPs are required by law to assist.

ISPs save their records for only 90 days. Getting the information necessary to trace an email back to its source takes a filed suit and two successive subpoenas. All of this has to happen within 90 days of the date of the email otherwise, the evidence is lost. The other problem is that the original email has to be properly preserved by the recipient.

If that is all done properly, there is a spectrum of causes of action for both employee and employer depending on the specifics. Invasion of privacy is the chief claim for the employee. There are a variety of causes of action for employers. The idea with this kind of case is to get the defendant into court with solid proof and at least one claim that allows punitive damages and watch the jury do the rest.

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Re: Pornography sent to company email addresses

You could press charges against the person but I'm not sure if the cops would really care. A civil suit would be difficult since I don't see your damages here.