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Tuesday, April 27, 2004

Porn Spam In The Workplace

Employers in Europe are going to have to find some heavy-duty spam-filtering software if they hope to avoid lawsuits under a new European law:

From Reuters:

E-mail porn spam in the workplace could land European employers in court for fostering a hostile work environment, a Dutch researcher says.

The broad wording of new European anti-spam legislation opens up a new breed of legal snares for Europe's corporate sector, according to Lodewijk Asscher.

"European employers must be aware of the risk of new computer-related liabilities," said the researcher for the University of Amsterdam's Institute for Information Law.

"An important example of such a potential new liability is the risk of being held accountable for not protecting employees against unsolicited pornographic e-mail."

He advises companies that operate an e-mail network to specifically inform users of the nature and content of spam and use filtering technology.

"Otherwise, an employer could be liable under European law for creating a hostile work environment," he told Reuters.


Is there any email address that isn't susceptible to spam, especially porno spam, after being activated for a certain amount of time? I once started an email address for my daughter and within a week it was already being hit with Viagra ads. But whose fault is this? Should businesses really be held responsible for content being sent to its employees from outside sources?

I don't think so. As long as a business isn't encouraging such spamming and is doing what it can to filter out unwanted email messages it shouldn't be susceptible to a lawsuit.

I wonder what effect this law will have on Europe's economy? I could see a lot of businesses moving away from email as a business tool in order to avoid lawsuits.

Comments

Avatar for Marty

You are right, the employer is obliged to protect his employees from each other, but who has protection against this?  No one!

Marty on April 28, 2004 at 04:04 am
Rob
Rob
18585 comments
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You’re right, Marty.  Given the nature of spam, nobody is safe.  Employers could pour milliions of dollars into anti-spam defenses and still not win.

The EU needs to lighten up a bit with this law.


When the people fear their government, there is tyranny; when the government fears the people, there is liberty.

-- Thomas Jefferson

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Rob on April 28, 2004 at 05:04 am
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