I've got an employee of the federal government who was terminated because his superiors found a single pornographic file on his government issued computer. He has maintained that he has no idea how the file got on his computer and that he never intentionally download such a file. Also other employees had access to his computer. He was terminated based on a a charge of misuse of government computer/automation equipment.
He appealed his firing and had a hearing before a Merit System Protection Board Administrative Court Judge found that it doesn't matter that there is a possibility that someone else placed the file on the computer, or that a virus may have resulted in the file being on the computer or that he may have unintentionally downloaded the file. All that matters is that the file was on his computer (paraphrasing of course). In essence, this employee was found strictly liable for the possession of the pornography although there is no evidence that he actively misused a government computer to download porn.
It doesn't seem right that a person would be strictly liable for porn found on their computer when there isn't any evidence to support that the person intentionally or actively misused a government computer to download porn. By the Administrative Court's Judge reading of the charge, you would be guilty of misusing a government computer if someone sent you a pornographic file by e-mail and you never opened the file but it was stored on your hard drive.
Anyone ever seen a case like this? Know of anyone ever successfully arguing before the MSPB that they weren't responsible for the porn found on their computer?
BTW, first time posting so forgive me if I don't know the protocol.