Internet Crimes and Torts: Project Management
Portfolio Project Topic
Arly G. Cano
MGT 320-4 Legal and Ethical Environment of Business
Colorado State University Global Campus
Dr. Harvey Weiss
June 7, 2015
1. Possible torts that could be committed by employees who use the internet at work.
A tort can be defined as a private wrong or injury. Pornographic downloads can produce potential ramifications to an employee even when they are using computers at work. Electronic monitoring enables the employer to keep tabs on all the activities of the employees, whether personal or work related. If a worker is to be charged with possession of child pornography, a third party acquiring this information can implicate a civil liability to that company. The employer may potentially face criminal charges if she has knowledge of illegal acts from the employees yet fails to report them.
2. Possible crimes that could be committed by employees who use the internet at work (and indicate whether the crimes are white collar or blue collar)
A crime is an activity that has the capacity to impose legal action on the person concerned. Some of the crimes that can be committed using computers include illegal hacking (white collar crime), fraudulent activities (white collar crime), threats sent using a company computer (blue collar crime), illegal trade (blue collar crimes) and even use of rogue programs which destroy programs of a computer by creating an abnormal behavior (blue collar crime).
3. Liability of the corporation versus liability of the individual employee through commission of torts or crimes using the internet at work
It is unfortunate that an employee’s internet misconduct can lead employer’s liability inform of damages, torts, contract, copyright and crime. It is assumed that an employer is fully aware of all the activities by the employees including crimes and torts committed. Employees found guilty could face jail time, be forced to pay for damages, or be fired from their working places.
4. Whether violations of the duty of care or duty of loyalty could exist through use of social media sites at work
Every employee has a duty of loyalty towards his or her employer. This duty is supposed to ensure that the employee does not behave in any manner that would harm, discredit or be contrary to his employer’s interests. Violation of this duty can occur when an employee watched pornographic materials using his employer’s property with full knowledge that he is jeopardizing his employer’s company.
5. Employee privacy rights or concerns that exist regarding use of the internet at work
The Electronic Communications Privacy Act covers all forms of digital communications including email. It prohibits unauthorized interference with a person’s wire, oral and electronic communications during transmission. This makes it difficult for employers to monitor employees’ activities since their right to privacy is well documented.
6. Employment laws that protect the employee or the employer with respect to use of the internet at work.
Employees are covered by the Electronic Communications Privacy Act making it difficult to know what they are up to. An employer can however invade this privacy if he suspects misconduct or unlawful acts happening. They can also do this to ensure quality control.
References
Blakeslee, M. R. (2010). Internet crimes,torts and scams. New York: Oxford University Press.
Rustad, M. (2013). Gobal internet law in a nutshel. St paul MN : West.