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Alabama IT Whistleblower Fired For Spyware
chalker writes "Vernon Blake, an IT sysadmin for the Alabama Department Of Transportation, wanted to get evidence that his boss spent the majority of his time playing solitaire on his computer. Since emails to higher up supervisors were ignored, he installed Win-Spy, which grabbed screenshots several times per day over a period of 7 months. 70% of the resulting screenshots showed an active game of solitaire, and another 20% showed his boss checking the stock market. When he reported this to superiors, he was fired, even though he had 21 years of service in the position. His boss got a reprimand to 'stop playing games'. He is appealing his termination in court since he claims it was part of his job description to 'confirm and document' computer misuse for ALDOT. His complete story is here."
Employers spy on employees, not the other way around!
delete solitary from his boss's computer?
They couldn't fix my brakes, so they made my horn louder.
For spending 70% of his time worrying about what his boss was doing. Give me break! We've all worked with people like this before- they're sooo worried about what everone else is doing. These are the same people who used to remind the teacher about the homework assignment.
I'm not saying its right to spend all day playing solitare, but it sounds like this weasel went to extremes to "tell on" someone.
[FromTheMorning]
Was the bosses machine his primary source of doing work? If you're the boss you're in meetings all day and out telling people what to do, not sitting in your office typing away. Also, I've left a game of freecell going during a 2 hour meeting before or during lunch. That doesn't mean I'm derilict in my duties.
Please. This guy installed Spyware on his bosses computer, and his wife's. for seven months, probably looking for porn surfing but all he got was solitaire.
This guy was just an asshole, the kind of person who thinks because he's a sys-admin who has admin access on the computers that he ought to be the computer morality person as well. Or in this case, the productivity nazi.
The supervisor in this story has gotten good reports, maybe playing solitaire is the way he 'thinks'. Who knows?
The person who setup these screen grabs (seven months of them) deserved exactly what he got.
autopr0n is like, down and stuff.
Granted, most people here hate boss-types, but its only fair to ask for the boss's side of the story. For example: perhaps his job consists of minimal computer usage. When I was in college, part of my financial aid package involved doing work for the school - I got put to work answering phones and calling alumns to shake them up for money. I had a computer, and there was a solitaire game or something similar on it all the time - it was mindless enough I could do it while talking to somebody, and it kept me sane between calls. The boss could be in a similar situation if he spends most of his time on the phone or otherwise _talking_ to employees. He just wouldn't be constantly playing the game. Most people here equate working with time spent active on the computer doesn't mean that it always is.
I'm not saying this is the case, but its worth considering that the boss could have a radically different story, and the article did present a very one sided view.
Do not make your boss look bad and expect to retain your job.
He wasn't abusing his power. He was doing exactly what he was paid to do: stop computer misuse. His boss was misusing the computer. The only reason he got fired is because he did this to his boss, rather than to some underling.
I read that as:
And I thought AC deserved a medal.Firing him was most certainly NOT appropriate.
The guy knew his boss fucked around on the computer all day instead of doing his job and this was known to the employee who got fired.
He reported this to higher ups and they ignored it. The first mistake here is they should've listened. Since they didn't, the only other option was to take matters into his own hands.
Even if he wasn't an IT manager of sorts, he did the right thing in proving to higher-ups that his boss is doing nothing but wasting the company's money by playing solitaire and looking at stock market crap instead of working.
I'm sure there are tons of people out there who are looking for a job and would be more than happy to fill his position and actually do some work.
They should've fired the boss and gave the IT manager that position (provided it paid more).
We have secretly replaced these Slashdot mods' sense of humor with a rusty nail. Let's see if they notice!!
is to the office staff what leaning on one's shovel is to the DOT road crews. It is a privilege of the senior employees. Yes, you could be fired for not working all day. Obviously, it is not going to happen to this supervisor any time soon. The fact is that this guy is not good guy whistle blower. He is just an idiot with an unproductive boss.
Installing unauthorized software on a state government computer WILL get you fired. Raise the bar, and install spyware on a state government computer and you could be facing criminal charges. It does not matter that the software install was for alleged "white hat" purposes.
Have you Meta Moderated t
Why, exactly, was his "only other option" to spy on his boss? Why not write the letters to the editor that are now being written for him? Why not put up a website that talks about the issues he's facing, without mentioning names? Why is the next step to spy on his boss?
Was his boss' conduct reprehensible? Yes. Was it his job to spy on him? Short of a policy expressly giving him permission to spy on his boss (or *anyone* else in the office), his behavior was wrong. And no, " 'to confirm and document' such misuse" is *not* sufficient authorization for spying on *any* user in the office, especially his boss.
You can get in trouble doing such things, including prosecution under federal wiretapping laws. This is *not* an area where you want to screw around with.
Linux IT Consulting and Domino Development in Michigan
Yeah, never underestimate the buddy system in management.
During bad times I took a soul killing job at a charity. Like many charities, this one was run to keep buddies employed. I was doing the number two position in our branch office, moving our inefficient paper around. Number one sat in her glass-walled office and read romance novels all day, being a buddy of the big chief at head office.
Desperate for brain stimulation, I figured out how we could exchange our photocopier lease for a computer system lease (our charter did not allow us to own equipment), and how to set it all up to handle our paperwork. I figured a month to install, another to make absolutely sure it worked perfectly, and then they could fire me as redundant. Excellent efficiency. Wrote it up and delivered to my manager. Got turned down. I bugged for why. It was eventually admitted that it would also eliminate the number two at head office, who was of course another buddy of the big chief.
But I got out soon enough. There was an inspection coming up and I was informed I'd have to be demoted because romance-reader needed to cover up that I'd been doing all the work; branches weren't supposed to have a number two.
You might think of that next time you're phoned to donate clothing to be resold by a charity. Give it directly to the poor instead and write a cheque to a real cause.
Lock down the computer. Remove admin rights and give him only stuff he justifiably needs to do.
Block access to certain websites.
If the boss raises these restrictions up, talk to him about how that would be conflicting with official policies. Ask for confirmation in an email if he still objects and want things changed.
If you work in government these are all things that set the trail for accountablitity and responsiblity (and yes that scares the crap out of people).
Spying in the workplace, unless its 100% cleared from above, is immoral.
Could I, as a janitor, put cameras in the woman's washroom because I wanted to prove that too much time was being spent there?
The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
That, sir, is crap. His employer hired him to perform the mystical art of sysadmining. as far as the employer is concerned, its a black box situation. Much like when a lawyer goes to trial for you. You may know what his strategy is, buy you do not have the experience or knowledge to dictate which laws or previous cases will be referenced. It's not your area of expertise. If his job description included dectecting and reporting computer misuse, then he was fired for doing his job. Frankly, everyone involved in firing him should be fired, because whistleblowers must be protected from this, ESPECIALLY in the government.
Drop me a line at:
Key ID: 0x54D1D809
Anyone who lives in Alabama ought to be writting a letter to their state representatives asking what is up there. Reports that someone is missusing their computer shouldn't have been ignored in the first place. The state of Alabama needs to completely change that department. Start with replacing the cabinet person responsible for transportation. (I'm guessing this is a cabinet level position, but I don't know how that state government works)
Then do a massive layoff, since most of the upper management obviously needs to go.
We can argue the ethics of what this guy did, but I'm having problems finding anyone ethical in this story. Not the supervistor who ignored the report (if it wasn't ignored either the behavior would have stopped, or the boss would have been fired before this guy finished 6 months of screen grabbing). Not the boss playing solitare instead of the job he should do. Even if he can do his job in 1 hour a week, it is unethical to not find other work that needs to be done for the other 49. This guy is perhaps most ethical, as a admin his job is to watch the state's computers. (but perhaps because I don't know that state) This isn't a private machine he was spying on.
If the supervisors were doing their job, this would have never got this far, because they would have repramanded the boss right away. Then either the boss would have changed so nothing would need to be done, or he wouldn't and they would know to fire him. Most people I know have done something stupid like this at work (including a number of you reading this at work), but when it becomes a problem the boss is supposed to notice and tell you to change before it becomes time to fire you.
Every government makes it very clear that your computer can and will be monitored (even though the sys-admins are usualy not up to the task of actually figuring out how to effectively monitor it). i.e. the sys-admin had every right to do this and was acting according to what someone way way higher up would say was good practices to the cammeras.
that said, I've been around the block enough time that there are four possible real issue here that got him fired.
Being the sysadmin does not grant you the right to spy on another employee even if that employee is your boss. There is a certain amount of trust that an employer has to grant a sysadmin but when that trust is taken advantage of as in this case it becomes abuse.
Proper channels should have been followed. If his employer was unwilling to take action he should have left it alone. We all work with people who are lazy and unjustly promoted. But that doesn't give us the right to spy on them.
As a sysadmin I find this guy's behavior pathetic. It's an abuse of his position. I would have fired him, too.
What right does this person have to dictate what his boss should do? If he doesn't feel his boss is performing his job correctly, he should report it to the higher-ups, which he did. The higher-ups didn't care. This should have been a big fucking hint. Perhaps his boss can do his job and play Solitaire at the same time. Maybe that's why he ended up as Boss.
Here on Slashdot, many people post and read articles from work. This is claimed as "Okay," because we're getting our jobs done regardless, right? But when it comes to somebody in a position of power, suddenly playing a mindless cardgame is such a horrible violation that a sysadmin must "blow the whistle?" I call bullshit.
This idiot overstepped his boundaries. What makes it worse is that he was a government employee and demonstrated an intent to use his position as system administrator to spy on other government employees. This is completely unacceptable, and it was entirely appropriate to fire his dipshit ass.
"this guy got shafted. Canned for doing your job?"
I'm just going to be up front and tell you I haven't RTFA yet. (in a bit of a hurry, headed to dinner...) So I'm just gonna talk in a general sense here. In other words, this isn't necessarily a direct rebuttal to what you're saying.
I'm not a manager. In fact, I had a job very similar to what this guy was doing to a much lesser extent. I read what he did and a couple of things bothered me.
1.) He notified the management, they chose not to act on it. He should have just left it there. It's important to let the big wigs make the decision, as opposed to becoming a virtual vigilante.
2.) Spyware on somebody above him? Man, that is a MAJOR no-no. When you're a sysadmin, you have access to all sorts of sensitive data. To actively capture it and use it zealously nail your boss, well I tell you what, that'd scare the hell out of me. The whole reason Slashdot isn't a big fan of things like video cameras at every street corner is that anything can be captured to make somebody look like they're doing something illegal. It's discomforting.
Understanding that I am taking the summary of the article at face value, and that I haven't gotten to the details of the article yet, this is what I think: This guy took it too far. Way too far. I wouldn't be the least bit surprised if the people above him thought "Geez, what if he caught a screen grab of me looking at porn? I get a bunch of that shit in my email all the time. Was he going to go McBain on me, too?"
Maybe he was doing his job, but he should have had a little more faith in the higher-ups. Even if it was 'wrong', they're still the ones in charge. He should have just let it drop at the emails. Instead, it appears he took it so far that nobody could really trust him. I mean, if his boss still had a job, how do we know he wasn't getting it done? Maybe he had solitaire open because he was on the phone a lot, and wanted something to keep his hands active? Playing Solitaire may not be the most productive use of time, but it's a stretch to call it abuse until somebody's not doing their job. In this particular case, maybe he wasn't doing a damn thing, but in a general sense, what this guy wasn't so smart.
"Derp de derp."
Personally, if the activities of a user isn't impacting the network or my application, I could really care less what they do when waiting for work to do. As a sysadmin, I do alot of waiting....on support calls from companies, waiting for user specs, waiting for users to frickin get of the system.....if I did not have Firefox open with something interesting to read, then I would go stir crazy. I usually don't stream anything during the day and when I do get sidetracked on the web, I start to think of things comeing up and start working on them. But have you ever had a day where you only had an hour or two left and you had to stay for support but in that hour or two you really did not have enough time to get anything started? That's the perfect time ot get caught up on industry websites and other items that may not pertain directly to your job, but are nice to know anyway because they MAY pertain to your job someday. Case in point, if you own a Mac and are an it person, you may browse Mac web sites for a a fe wminutes at work. That additional knowledge may pop up in a meeting...Hey so and so....didn't you say that Mac's do blah blah blah....
Solitare can work your brain. I think excess is one thing, but the occasional game is not going to do anything. If this guy just came to work and played solitare all day well then I could see that as excess. But if he cooled down from a meeting by firing off a few hands, then I doin't have an issue with that.
Gorkman
I live in Alabama, and I've heard a good bit more about this case than you probably have.
- This guy had complained to his superior's superiors. They apparently didn't care. So this guy's crusade basically ends right there. He did what he should have done, and when those higher ups don't care, you can get pissed all you want, but you don't take matters into your own hands.
- This guy seems to have a personal beef with his boss.
- Most people down here (including people that work in IT) think this guy is an assclown.
This man was doing this to his BOSS. You don't take policy into your own hands against your superiors and expect to keep your job, even for the government. And furthermore, his superior's job didn't involve much computer work. He was basically an admin type that mostly used his comp for email.
But it doesn't matter. This was his BOSS. You stay in official channels when dealing with any personel problem, and you ESPECIALLY do this when a superior is involved. It's lamentable that an Alabama state employee is wasting time on a computer, but that doesn't excuse the sysadmin's actions.
Life is hard, and the world is cruel
-
Understanding that I am taking the summary of the article at face value, and that I haven't gotten to the details of the article yet, this is what I think: This guy took it too far. Way too far. I wouldn't be the least bit surprised if the people above him thought "Geez, what if he caught a screen grab of me looking at porn? I get a bunch of that shit in my email all the time. Was he going to go McBain on me, too?"
Once you read the whole article (and particularly his site) you'll understand why. The boss playing cards constantly was becoming a major issue within his division. Discipline was becoming impossible because the boss was, well, he was doing everything they weren't supposed to. He has two examples of jokes posted around the place about the boss's game playing by employees in fact.Maybe he was doing his job, but he should have had a little more faith in the higher-ups.
He did what he did because the issue had gone way beyond just a "I think the boss isn't doing his job" to a "the boss isn't doing his job and it's so obvious no one else wants to do theres." Higher-ups had continued to ignore it and wouldn't solve the situation. Something had to be done. Even though he was fired the situation was finally solved, it's a crying shame for Alabama taxpayers that it had to reach such a point. The boss should have long since been reprimanded for his behaviour, if not fired.
Frankly if I lived in Alabama I'd be livid. The taxpayers were paying this guy's boss to do nothing buy play card all day. The sheer quantity of the screenshots showing him playing games pretty much tosses out the "Maybe he had solitaire open because he was on the phone a lot, and wanted something to keep his hands active?" idea that you presented. He was simply being paid to, well, not work.
One thing I thought of since I've dealt with environments where games shouldn't be played (University computer labs) is why didn't he just change the permissions on them? It sounds like they were in an NT or Active Directory domain, it's pretty unlikely the boss had administrator access since this guy was the designated support person for his division (he has the policy on support personnel up too, it says one person in each division/dept. will be granted administrator access for their part of the domain tree). He could have avoided this mess and forced the issue with the higher-ups by simply changing the permissions on solitaire to be administrator only or even nobody. It's likely the boss wouldn't have pushed the issue too hard as it would make him look bad trying to get access to a game restored. The guy could have also locked access to solitaire on all computers in his division to make it a policy issue, not a direct confrontation of his boss.
Still the whole situation shows there's some serious waste going on in ALDOT. Alabama taxpayers should raise hell with them on that at least.
Did he? How do you know he did not take 2,000 screenshots and cull them? Always beware when an interested party hands you "random" samples. It would have been better if he tied the screenshots to time logs of applications. If his boss really played solitare all day, a log of applications would show it and the percentage time it was active. Even still, it would be difficult for him to prove as he could manipulate the logs manually.
What's called for is institutionalized watchdoging. There should have been someone who this man could have asked for help in doing his job. An IT person under another boss would be good. This institutional failure should as a basis for a transfer, not a firing.
I can imagine the state trying to slip out of the bind by saying that the boss was not abusing his computer or network time. It can always be argued that playing the boss was accomplishing his job description and what he did with his spare time was his business. Managerial positions can be that way.
A conscientious manager will roll up their sleeves and help get work done when they run out of planning, reports and all that boring crap. It helps to keep your feet on the ground.
A slob will sit around and turn into a moron. A slob that's drooling 90% of the time soon finds few topics for reports and might get axed. A dangerous slob is one that got themselves promoted to hide incompetence. They have a tendency to screw up and blame their underlings. I've had one of those and I think this one did too. Typically, those they leave in charge for an extended leave will say things like, "I did my job and his job with ease. My job usually takes all of my time. I wonder what the boss does all day."
Friends don't help friends install M$ junk.
The employer's ownership of the infrastructure doesn't give J. Random Admin authority to act as judge, jury, and executioner. I hope he gets to spend some time in the state pen for not being smart enough to drop it after he was rightfully fired.
One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
1.) He notified the management, they chose not to act on it. He should have just left it there. It's important to let the big wigs make the decision, as opposed to becoming a virtual vigilante.
His notifications to upper management was nothing more than standard, vapid comments about ineffective management (such that virtually every drone makes regularly). There was virtually nothing actionable, and his attempts to fall back on that as a defense are weak and transparent.
When you're a sysadmin, you have access to all sorts of sensitive data. To actively capture it and use it zealously nail your boss, well I tell you what, that'd scare the hell out of me.
Indeed. His boss could very well have been evaluating division salaries, writing a bonus recommendation letter for Vernon (the overzealous sysadmin), or a wide range of other private matters. Sysadmins have a sad case of god complex (I have been in several positions where I consulted on infrastructure to contain the power of the sysadmin -- one they knew the sysadmin was going through the payroll files, for instance, based upon "in the know" comments he made to other employees).
The whole reason Slashdot isn't a big fan of things like video cameras at every street corner is that anything can be captured to make somebody look like they're doing something illegal. It's discomforting.
Humorously many of the visitors to Slashdot are doing so on paid hours, and some of them probably have an overzealous sysadmin on a crusade, carefully logging all of the details in hopes to prove that regardless of output, clearly the employee is ineffective because they read that story on Star Wars III. The problem with this is that just because we're not doing something visually productive, it doesn't mean that we're not mentally preparing or ruminating over some piece of mental data -- ultimately our productivity can be measure in the solutions and projects we provide in a given period of time, not whether we have vi or solitaire on our screens. Indeed, given that the person being monitored was a manager, it is entirely conceivable that he was doing the best thing that he could do at times - assessing the situation and deciding that his intervention wasn't currently needed, and retiring to a game of solitaire. Big fucking deal. Ultimately his higher ups rank him based upon the results of his division, not whether he was a busybody filling his day with make work, carefully micromanaging his charges.
This sysadmin, Vernon, sounds like a sad, pathetic, jealous prick that has no comprehension of boundaries, and feels that he's on some sort of personal crusade to save us all. I find it unbelievable that he releases the information that he has (illegally released information - the guy is basically spreading proprietary internal state information publicly. I'll be surprized if he doesn't end up going to jail for this) and truly believes that he's in the right - this wanker won't get a job administering anything more advanced than a toilet plunger in the future.
Oh come on, are you serious or this a joke?
/.) while at work then you're under-utilized and at risk, fat ready to trim.
If you ask me, the more interesting question is: To what extent should an employer have a right to decide what their employees do on company time.
When you're on the company's time you should be working. That's why its called 'work.' If the guy was getting his job done and still playing solitare 70% of the time either A) the guy needs more tasks or B) someone else probably has the capicity get the tasks done. The point of the article is that there is incredible waste in government and when someone tries to do something about it they get canned.
Simply put, if you're getting your job done and still have a lot of time to play games (or troll
"None of us are as dumb as all of us." - meeting mantra
Man, I can't believe I'm reading such drivel from otherwise intelligent people. Maybe you missed it -- it's a government office, not a company/business subject to competition and market forces that will kill it in due time if it's too wasteful!
It's government here -- you know, that thing that produces nothing yet can perpetuate itself by just spending enough to get another 20x-too-big budget the next year, no matter how worthless 80% of the employees are?
Proper channels should have been followed. If his employer was unwilling to take action he should have left it alone.
Hey -- "his employer" is us! (If you live in the US, particularly Alabama.) So, if the (possibly also solitaire-playing usless leech) boss of the boss in question chooses to do nothing we should all just suck it up? What the fuck are you saying, that government isn't accountable to the people, and shouldn't be? No protection should be afforded to whistleblowers who expose the wholesale robbery of everyone?
Wow. Just wow.
everything in moderation
If he thought somebody was running a web server or downloading pornography, or gambling online, that is one thing. But to take it upon himself to perform his own performance evaluation of his superior, was a bit bold and he was rightfully fired.
His focus should have been on the machines and the network, not carrying out retribution for a personal grudge.
AZspot
Please keep in mind that this guy's boss is not an ordinary employee -- there are no free-market checks in place on this organization becoming wasteful. Instead, he is employeed by the taxpayers of Alabama. If 70% of his time is spent playing solitaire, and 20% checking the stock market, and 90% of his pay is being wasted, I'd say that the citizens of Alabama have a right to be a bit irritated.
I agree that the use of monitoring software makes me uncomfortable. However, as far as I can tell, no laws or policies were broken. I don't know whether the sysadmin should be allowed to keep his job, but I find it appalling that the guy's *boss*, the time-waster, is still porking on the taxpayer's dime.
May we never see th
Should it matter if you're spending half your time playing Solitare if you still manage to do the job you're supposed to do?
Yes, because as an Alabama taxpayers, I am paying for this asshole to play Solitaire.
Ironically, it appears that his biggest flaw was too much company loyalty. Normally company loyalty is a good thing, but being loyal to a company that has bad internal policies and practices isn't going to get you very far, as this story indicates.
Another possibility would have been to ask permission to install the spy software on company computers to facilitate documenting evidence of wasteful activity (this request being made entirely outside of and temporally distant from any discussion regarding his boss's activities so that a connection between the two would not be obvious). There is no reason why any computer on the network that the sysadmin is trying to prevent abuse on should be excluded from possible monitoring, but the exact policies that would be followed by the software and the adminstrator would need be laid out in writing to ensure accountability for how the software is used to the senior management, and to ensure to their satisfaction that it is not abused. Once permission had been obtained and after a few months, once the evidence is gathered, he could not have been justly fired for installing this "unauthorized software" after presenting the evidence to the higher ups, since he in fact would have HAD authorization to install exactly that software. If they chose to fire him anyways for that reason, it would be an open and shut wrongful dismissal case.
Of course, then we probably wouldn't be arguing about it on slashdot... and heaven knows what a crime that would be.
File under 'M' for 'Manic ranting'
Your comment implies they know exactly what they're doing.
I've held a few peon IT positions, I've had different attitudes during them. My starting job, I was opinionated and high profile, and just got myself in a world of crap. I soon learned that the less you're heard from, the less unneeded attention comes your way. Now theres a danger that your job can get too cushy and you can goof off too much and get in trouble, but a steady application of self motivation can help you steer clear of trouble.
Instead of arguing about upper level decisions, "advise and persuade", and if ever a decision of yours proves it would have been better instead of the way management actually went, do not rub it in!. If a decision recommended by you is subsequently championed by someone else without acknowledgement of its origion, congratulate them on their creativity. I once walked in on my boss snoozing on his desk, I told him he should take it easier, he was wearing himself out. (Good boss tho, plus a new father so 3 am feedings were taking a toll.)
Its a wonderful thing, these periodic paychecks, and even better if you get to hack in an airconditioned environment to get them. Pragmatism goes a long way.