Not all pornography is illegal

[Dave Farber <dave () farber net>]

-----Original Message-----
From: Randall <rvh40 () insightbb com>
Date: Sat, 21 Feb 2004 19:22:17 
To:cyberia <CYBERIA-L () LISTSERV AOL COM>
Cc:Dave Farber <dave () farber net>
Subject: Not all pornography is illegal

http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/2409820


Feb. 18, 2004, 10:18PM



UT-Houston workers cleared in porn probe 
By TODD ACKERMAN 
Copyright 2004 Houston Chronicle 

The University of Texas Health Science Center at Houston has found no
evidence that employees regularly accessed child pornography Web sites. 

The investigation -- conducted by university's police department in
partnership with the FBI -- was undertaken after a then-UT-Houston
auditor expressed concern last fall that a number of employees,
including physicians, might have violated child pornography laws when
they visited porn sites. 

"We have reviewed the bulk of the computer hard drive material and found
it didn't meet our child pornography threshold level," said Bob Doguim,
an FBI spokesman in Houston. "We interviewed experts and analyzed the
images -- where they came from, when they were taken -- and concluded
they didn't constitute child porn." 

UT-Houston officials said Wednesday the FBI's finding closes their
investigation, which was launched in October after the auditor's
complaint. School officials took disciplinary action in September
against the employees for "inappropriate use of university computers." 

The FBI notified UT-Houston's police department of its finding Feb. 13. 

Child pornography involves material that visually depicts a minor
engaging in sexual conduct. Doguim acknowledged that it is difficult to
prosecute when the child isn't obviously younger than 18, as is often
the case with sites that promote themselves as teen sites. He also said
that the difficulty factors into the FBI's determination of whether the
material in question constitutes child porn. 

In memos to UT-Houston President James Willerson last fall, audit
manager Cynthia Davis wrote that the females in the teen sites appeared
to be minors. Davis, who complained in the memos of finding "horrific
and egregious displays and behavior" in 15 such audits in her five years
at UT-Houston, wrote that the most recent focused on 10 male employees
viewing pornography, eight of whom visited teen sites. 

She also wrote that the problem is much worse than the 10 people
selected as a sample and that she reported the matter to the FBI because
she is "no longer confident" UT-Houston can investigate itself.

Davis would not comment about the matter Wednesday. 

The Chronicle reported that UT-Houston and the FBI were investigating
school employees visiting teen porn sites earlier this month after
obtaining an exchange of memos between Davis and Willerson.

Davis wasn't contacted for UT-Houston's investigation, which essentially
consisted of turning over the computer hard drives to the FBI, according
to UT-Houston Police Chief Charlie Price. He said his department didn't
talk to Davis because the computer hard drives constituted all the
evidence and because Davis no longer works at the institution. 

Davis resigned in December, contending that the center's failure to take
stronger disciplinary action against the employees and what she called
retaliation against her created a hostile work environment. 

Before Davis resigned, Willerson wrote her that because of "previous
inconsistent application" of center policies, a decision was made "to
counsel those involved and place written reprimands in their files." He
also wrote that those reprimanded were advised that "further similar
incidents would result in termination." 

In a prepared statement Wednesday, Willerson wrote that he wanted the
UT-Houston community to know "that allegations of personnel viewing
pornography on university computers were promptly and thoroughly
reviewed." Dr. Michael McKinney, UT-Houston's chief operating officer,
added that there are consequences for those who don't follow university
policy, and "when someone alleges that university property is being used
inappropriately, we take that very seriously." 

Meanwhile, UT-Houston officials said the center is working to purchase
and install a software filter designed to prevent university computer
access to pornographic sites. They said they expect the system to be
fully implemented in coming weeks. 




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