By Andrew Staub, PA Independent

Sometimes office policy just isn’t enough.

A Pennsylvania lawmaker wants to make it illegal for state employees to use commonwealth-owned computers, networks or cellphones to view or exchange pornography.

“While most state agencies have office policies prohibiting such use, there are no state laws banning this blatant misuse of taxpayer-funded assets or penalties for violations,” state Rep. John Payne, R-Dauphin, said in a statement.

That, unfortunately, is a reminder Pennsylvania is just getting over the embarrassing revelation that dozens of current and former employees within the Attorney General’s Office exchanged X-rated emails over a four-year period.

Even more cringe-worthy, state Supreme Court Justice Seamus McCaffery resigned last year after sending explicit emails.

McCaffery was already suspended from the bench. Then-Chief Justice Ron Castille said at the time his fellow jurist opened the court to “public ridicule” after forwarding pornographic emails, including a “video of a woman in sexual congress with a snake that is clearly obscene and may violate the Crime Codes Section on Obscenity.”

Chris Abruzzo resigned as secretary of the Department of Environmental Protection after Attorney General Kathleen Kane revealed he was one of several prominent officials who sent or received inappropriate emails.

Payne’s legislation would make viewing porn on state-owned computers, networks and cellphones a misdemeanor that would carry up to one year in prison and a $2,500 fine. Conduct authorized or required by official duties would be exempt.

Employees who receive and view X-rated material would not be liable if they had no prior knowledge of the content, but they would not be allowed to forward it and would have to notify supervisors.

After the email scandal broke, activists set up a post office box to accept anonymous complaints about the misuse of state computers. While poor judgment might not rise to the level of criminal behavior, there should be zero tolerance for workplace harassment, said Eric Epstein, coordinator of Rock the Capital.

“We should go for the cyber jugular and block access to pornographic and non-work related websites,” he said. “However, we need to preserve due process and resist forming cyber posses.”

Problems go beyond pornography, Epstein said, adding the tip box has received not only allegations of “bawdy communications” but also accusations about the use of public computers for personal and business projects, as well as recreational activities.

Credible tips have been forwarded to the auditor general, Epstein said. The post office box in Harrisburg is still open.

Kane’s office discovered the raunchy emails while looking into the Jerry Sandusky investigation. Carolyn Myers, a spokeswoman for the attorney general, said the office was reviewing Payne’s legislation.

Photo by Sergiu Bacioiu