Technology is everywhere, it’s misunderstood, and it creates a lot of problems for HR managers, not the least of which is an annoying new one--cyberslander. Today's expert sorts out the challenges.

These days, we seem to live on our e-mail, instant messaging, voice mail, Internet, intranet, extranet, cell phone, BlackBerry®, and blogs, says Attorney Matthew S. Effland of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., in Indianapolis, speaking at a recent SHRM convention.

But, unfortunately, there are going to be people in your organization who abuse that technology. They are going to send e-mails of the wrong nature, access sites they shouldn’t, or simply waste the day surfing and IMing for purposes unrelated to their jobs.

And maybe, posting some cyberslander while they are at it.

Digital Defamation or ‘Cyberslander’

“Cyberslander” refers to attacks against a person or company on the Internet. It generally occurs when, in an online forum, chat room, or blog, anonymous posters make defamatory statements that are tough to trace. Another variation is when they give up trade secrets, salaries, or other sensitive data.

Effland says that there are three problems that make it hard to control:

Problem #1: The poster is often anonymous.

Posters usually use a “screen name” to mask their identity.  If they do it enough, you can often figure out who they are. (An employee, for example, might mention info only an insider could know, such as names of co-workers, building locations, and so on.) But it’s still tough to prove who they are well enough to maintain a lawsuit.

Fortunately, your job descriptions are already written and keyed onto CD format. Thousands of HR managers have depended on the print version of this product--now they're flocking to get SmartJobs on CD! Try it at no cost or risk. Click for info

Problem #2: ISPs protect their customers.

One way to deal with the anonymity issue is to file “John/Jane Doe” lawsuits—where you admit not knowing who the perpetrator is, and then subpoena the Internet Service Provider (ISP) to tell you.

But ISPs have built their businesses on confidentiality, so there is generally no response to the subpoena. You can get a motion to compel, but they will still ignore you. You can then seek to cite them for court for contempt, but they can drag that out also, until you’ve spent 18 months of wrangling just to get a name.

More than 500 prewritten, legally reviewed job descriptions ready at the click of your mouse. Use as is, or easily modify, save, and print. Pay grades already included. Try BLR’s  remarkable SmartJobs program at no cost. Click to learn more

Problem #3: Courts are all over map, literally and figuratively, on the issue  

For example, in Delaware, employers must show a prima facie case of defamation, including damages, to obtain information on cyberslanderers. In New Jersey, there is a strong first amendment right to “speak anonymously.”  In Pennsylvania, companies are entitled to learn the identities of defamers upon basic showing of evidence.
But in New York, employers may only discover identities after they show that no alternative means of discovery exist.

What to do about cyberslander? In tomorrow's Advisor, we'll feature Effland's tips for dealing with the practice, and offer help for a key HR challenge at the other end of the technological spectrum--job descriptions.