EMPLOYERS' LIABILITY FOR HARM CAUSED TO THIRD PARTIES BY EMPLOYEE'S USE OF WORK COMPUTERS FOR INTERNET PORNOGRAPHY INVOLVING MINORS

The following opinion by a United States appellate court discusses legal and factual circumstances under which an employer will be held responsible for harm caused to third parties as a result of its employees’ activities, and underscores the necessity for employers to implement effective policies concerning computer use by employees. The case specifically involves an employee's use of a work computer to browse websites with indecent child images and to upload nude pictures of his stepdaughter.

The following questions have been addressed in this article:

How did the court address the defendant’s argument that it could not be held responsible for its employee’s misconduct outside of work?
On what grounds had the trial court rejected the plaintiff’s claims?
What commentators remarked about this and similar cases?

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