Employers need protection from ‘Net liabilities

Tuesday, Feb. 18, 1997 | 11:59 a.m.

For many companies, the Internet -- also known as the World Wide Web or "information super highway" -- is a valuable tool.

However, in the wrong employee's hand, it is a liability that can become a source of harassment lawsuits or result in decreased productivity through a time-wasting process generally called "surfin' the 'net."

"Right now, employers may be a little behind in this area because the technology caught on so quick and is constantly in an evolutionary stage," said Sharon Powers, general manager of Interim Personnel and president of the Southern Nevada Human Resources Association.

"We are in a position of playing catch-up for what is coming over the horizon."

The Society for Human Resource Management, a national organization to which the Southern Nevada group belongs, says in the current issue of its HRMagazine that sound policies and training are two ways employers can protect themselves from litigation related to the misuse of e-mail and the Internet.

A news release for the article called "Danger on the Desktop," further warns that "employers who do not take precautions to prevent employee misuse are liable for damages according to the Communications Decency Act (in) the Telecommunications Act of 1996."

The article, written by three UNLV College of Business professors -- Anthony Townsend, Robert Aalberts and Michael Whitman -- deals with the illegal use of telecommunications systems to harass others or engage in obscene activities with minors, among other offenses.

Powers, whose firm supplies temporary staffing for local companies, says the problem of Internet misuse currently is not a real hot issue in Southern Nevada, but figures to be in the future as more organizations put up websites and encourage computer use by its employees.

Her company, as well as the SUN and the Society for Human Resource Management, all have websites.

"This problem has come up in the last six months," said Powers, who was a vice president in charge of human resources for the Las Vegas Chamber of Commerce for 10 years before leaving two months ago for her present position with Interim Personnel.

"When I rewrote the employee handbook for the Chamber recently, a statement policy (on use of the Internet and e-mail) was included."

The SUN, which was the first Las Vegas daily newspaper to put up a website on the Internet, has a three-page "network use policy," which reporters are required to sign.

The Society for Human Resource Management, which represents 77,000 people in human resources -- formerly called personnel management -- recommends training sessions to "teach employees to properly use the system and discuss how system misuse can lead to possible litigation" from victims within the company.

The organization says misuse includes transmission of potentially offensive language, jokes, photographs and other materials.

In addition to misuse, there are problems and costs associated with employees spending countless hours browsing on the Internet, drifting far from the subject that required them to use the system in the first place.

"For some, the Internet can be more of a time-waster than a solitaire game on a (work) computer," Powers said. "I know of companies which set up e-mail for all employees, but limit access to the Internet (only to those who need it)."

Powers notes that while employers cannot police every employee eight hours a day, precautions can be taken, including instilling in workers that violations of the policy can result in termination.

Also, computer experts note that employees should be aware that their computer does not provide the anonymity they may think it does.

For instance, some computer desktops have a "trash" file, into which unnecessary documents can be purged from their systems. However, experts note, that skilled computer technicians can retrieve discarded items from the trash, which is little more than a disc file for the unwanted items.

In cases where harassing or obscene documents are found in the trash, it generally leads a trail to the culprit. As a result, many companies urge employees to turn off their computers when not in use, and to not divulge their passwords to others who might use their computer terminals for nefarious acts.

The Society for Human Resource Management warns that while many companies have e-mail, a great many don't take the necessary precautions to protect themselves and their employees from misuse.

A 1996 survey by the organization found that while an estimated 80 percent of businesses have e-mail, just 36 percent of them had policies regarding proper usage of the system.