Legal Question in Technology Law in New York

Right of access to a coworker's computer

First of all, I work for the federal government. Last summer, when IT staff were upgrading our computers, they noticed that one worker's computer had been used extensively to surf the internet for porn sites. Last week, when he was in a meeting, I went onto his computer, which he had left logged on, to see for myself, and saw that he had visited two sites that day prior to the 9:00am meeting, both porn sites, and his internet folder was almost exclusively and heavily used for porn. Though I did not call in the Inspector General's office, other coworkers did. We did not specifically see child pornography.

Now, I am facing disciplinary action, possibly a suspension, for going onto his computer without his permission. IS THIS ACTION LEGITIMATE? We are both GS-12's. He is a supervisor. I am not. He is not my supervisor. I do not know whether he is facing any disciplinary action for his years of inappropriate, if not illegal use of government computers. I do know that he was ''counciled''.


Asked on 2/07/03, 7:27 pm

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Right of access to a coworker's computer

I'll preface this by saying that I have done no research on this point and do not know much of it off-hand. That said, it sure sounds like a breach of policy to go onto another's computer using their log-in name. Indeed, it raises suspicions that the porn on his hard drive was placed there by you rather than him. I think it is especially troublesome that he was a supervisor & you were not (even though he wasn't your supervisor).

There is a price to pay for being nosey. Hopefully, the price here will not be too high.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

This communication is intended for general informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by execution of a formal retention agreement.

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Answered on 2/10/03, 11:08 am


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