Atelier 4, article 14
 

 Reed Abelson :
(New York Times, April 30 , 2001)
 

                                   Job-Linked Web Venting Turns Ugly
                                                            by Reed Abelson
 

                                   Internet Message Boards Hold Risks for Abuse and
                                   Liability

                                   NEW YORK The talk was about a woman, a former senior
                                   manager at PricewaterhouseCoopers who had won a $1.63
                                   million sex discrimination case.

                                   "A man who complains about things being unfair gets nothing,"
                                   someone said. "A woman or minority who complains about things
                                   being unfair gets what - a well-deserved $1 million and free ride to
                                   partner?" He named a female partner as "a prime candidate."

                                   "You guys are a bunch of idiots," came one angry reply.

                                   "Anyone have any example of the stellar work she has done that
                                   earned her the position?" another asked sarcastically, referring to
                                   the female partner. "She wouldn't know how to fill out a corporate
                                   or partnership tax return if her life depended on it."

                                   This conversation was not conducted sotto voce around the
                                   watercooler or over a lunch far from the office. It happened
                                   recently in a far more public place: an Internet message board.

                                   Thousands of message boards for individual companies have
                                   emerged over the past few years, creating a window on what
                                   some employees feel but never say publicly. Often the view
                                   through this window is rather ugly.

                                   On message boards for particular companies on third-party Web
                                   sites like Yahoo and Vault, some employees are anonymously
                                   expressing thoughts they would not dare say out loud. They are
                                   freely showing their prejudices or denouncing other employees by
                                   name, sometimes accusing them of incompetence or misconduct or
                                   recounting salacious rumors about their sex lives.

                                   "This is a problem that has exploded recently, in the last six
                                   months," said Parry Aftab, a lawyer at Darby Darby in New York
                                   who specializes in Internet-related issues.

                                   All this makes for enormous challenges in the new electronic
                                   communities. It can be useful for managers to find out what their
                                   employees really think of them, but also devastating when hurtful
                                   and hateful gossip is laid out for all to see.

                                   While individuals may think they can remain anonymous when they
                                   write these messages, companies can typically use technology to
                                   identify the writers, according to Internet experts and lawyers.

                                   Some companies have taken action. Richard Scrushy, chief
                                   executive of HealthSouth Corp., brought a lawsuit against
                                   someone who posted messages claiming an affair with Mr.
                                   Scrushy's wife. Mr. Scrushy hired a lawyer who worked with an
                                  investigator to uncover the identity of the writer, who turned out to
                                   be a former employee who did not know either individual.

                                   The lawsuit was settled, and the Scrushys dropped their criminal
                                   charges after the former employee apologized for the postings and
                                   agreed to perform community service and make donations to
                                   charity.

                                   Message boards are popular for companies, and they are also
                                   common for schools, professional groups and other interest
                                   groups. All raise troubling questions about how to permit free and
                                   often useful exchanges that tend to be intertwined with vicious
                                   gossip and hateful comments. For companies, some of which are
                                   not even aware that the discussions are taking place, these
                                   electronic dialogues represent a whole new challenge and area of
                                   potential liability.

                                   Yahoo relies on the users of its boards to complain about
                                   messages. Others monitor what is said and will delete offensive
                                   material.

                                   In the case of the PricewaterhouseCoopers partner, Vault, which
                                   bills itself as an electronic watercooler, has deleted some of the
                                   messages about the partner, according to users of the board. Vault
                                   says it does monitor its boards but may not catch every offensive
                                   message.

                                   Asked about the rest of the offending messages,
                                   PricewaterhouseCoopers said it would notify the Web site about
                                   removing them.

                                   Sometimes employees or managers at a company are attacked in
                                   vicious detail. In recent months, for example, a Yahoo message
                                   board on Startec Global Communications has been the site of a
                                   pointed discussion by people who claim to be employees or
                                   former employees of the Maryland company.

                                   The message board has had numerous references to the ethnicity
                                   of some of the managers.

                                   "The Indians I encountered at STGC were racist, jingoistic and
                                   narrow-minded," reads one message.

                                   In a written response, Startec said its "management does not focus
                                   on posts." The company, which described many of the messages
                                   as "less than professional," said it discouraged its employees from
                                   taking part in the discussions.

                                   Disgruntled employees and former employees are increasingly
                                   using the Internet to harass colleagues, executives or the company
                                   itself, said Ms. Aftab, the lawyer, who is also the executive
                                   director of CyberAngels.org, a nonprofit group that helps
                                   individuals who are attacked in this way.

                                   In one recent example, she said, an executive was being harassed
                                   with e-mail messages sent to his family, employees and investors
                                   that said he molested his children. In another, an employee set up
                                   a Web site claiming to be another employee and offering to have
                                   sex.

                                   Employees and former employees are also using the Internet to
                                   make claims of sexual harassment. On a message board for
                                   American Express, for example, someone complained last August
                                   about a manager at American Express Incentive Services who
                                   "keeps hitting on me and/or saying totally inappropriate things
                                   about women's breast size, etc." The person says that she "went to
                                   our HR person," whom she identifies by first name, but that the
                                   woman dismissed her concerns.

                                   "We take all allegations very, very seriously," said a spokeswoman
                                   for American Express Incentive Services, who declined to
                                   comment on the specific claims.