Is it illegal to communicate on eccie with a provider?

[colinf]

Hi,

I recently had my work PC confiscated by the authorities after allegations of financial wrong doing by my company. I had used my work PC to access eccie and to talk to providers.

Does communication on eccie with providers brake any prostitution laws in Texas/

I would apprciate any advice anyone can give me...

[ShysterJon]

It wouldn't violate Texas state law to merely communicate with a provider on Eccie. However, if the communication was an offer or acceptance to engage in sexual conduct for a fee, the communication could prove up the offense of prostitution.

The following is the Texas state statute making plain-vanilla prostitution* a crime:

TEXAS PENAL CODE SECTION 43.02. PROSTITUTION.

(a) A person commits an offense if he knowingly:
(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or
(2) solicits another in a public place to engage with him in sexual conduct for hire.
(b) An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a person to hire him or offers to hire the person solicited.
(c) An offense under this section is a Class B misdemeanor....

See Texas Penal Code § 43.02 (emphasis above is mine). A Class B misdemeanor is punishable by up to 180 days in county jail and/or a $2,000 fine.

(*By "plain-vanilla prostitution," I mean prostitution without an aggravating factor, such as it is a second or more commission of the offense, or prostitution involving compulsion or a minor.)

So to summarize, a person can commit the offense of prostitution in any of four ways:

(1) by making an offer to engage in sexual conduct for a fee,
(2) by accepting an offer to engage in sexual conduct for a fee,
(3) by soliciting a person in a public place to engage with the person in sexual conduct for hire (I take "for hire" to mean the same as "for a fee"), or
(4) engaging in sexual conduct for a fee.

The medium to commit the offense is irrelevant. For example, I could commit prostitution by making an offer to a provider to engage in sexual conduct for a fee by transmitting the offer in speech, writing (including an email, text, or note), pictogram, smoke signal, or even telepathically, I guess. Haha.

With the foregoing in mind, if your office computer contains a communication that could be read as either an offer or acceptance to engage in sexual conduct for a fee, it could be used as evidence in making a prostitution case against you.

But in a real-world context, a number of steps would have to be taken for you to be charged. First, a person would have to find the communication. Second, the person would need to transmit the communication to the relevant law enforcement authority. Third, the authority would need to make a report and convey it to the district attorney. Finally, the DA would need to charge you. (In Texas, a person is usually charged with a misdemeanor by a DA signing a charging instrument called an "information.") In my opinion, based on having handled hundreds of prostitution cases in Texas over more than 20 years, the likelihood of all these steps occurring is slim to none. However, my opinion might change if your computer has many offers and acceptances recorded on it.

[ronrocket]

Originally Posted by colinf

Hi,

I recently had my work PC confiscated by the authorities after allegations of financial wrong doing by my company. I had used my work PC to access eccie and to talk to providers.

Does communication on eccie with providers brake any prostitution laws in Texas/

I would apprciate any advice anyone can give me...

I hope you were using some kind of webmail (like eccie PMs), not a client that stores emails on the local machine. And when you do access your account and webmail, use something like Tor (just google it if you don't know what it is).

[ck1942]

imho, for your personal security it is much better always to avoid using any employer supplied or owned device to access any site or even email account which is not operated by or authorized by the employer.

Any employer with an IT person or worse, an IT department, likely has installed some sort of security software on all company owned or supplied devices which security software has the potential to track anywhere and everywhere the user goes on line and with GPS geographically.

Even worse, such security software usually has the ability not only to track devices and device traffic, but all every

single key stroke

input by the user.

There is virtually no legal protection from such software. And, in Texas, where "employment at will" is the law, virtually zero protection from being fired for such unauthorized use or tracking.

Even if you "wipe" your computer or other device daily, the IT trackers are still working and even -- in real time -- may well be sending info regarding use straight to IT.

Be aware! Be safe!

[instfixer]

Using a company supplied link to the Internet to communicate to anyone or even to visit Websites.
The company's IT department sees all. While they may not be seeing what you visit in real time, they certainly can inspect the log that can be kept indefinitely should any suspicion arise.
There is a case that someone went to jail and was sued for $800,000
Enter this into Google: "Crack Smoking Jesus"

[Keyhole Arc Blow]

Originally Posted by instfixer

Using a company supplied link to the Internet to communicate to anyone or even to visit Websites.
The company's IT department sees all. While they may not be seeing what you visit in real time, they certainly can inspect the log that can be kept indefinitely should any suspicion arise.
There is a case that someone went to jail and was sued for $800,000
Enter this into Google: "Crack Smoking Jesus"

In certain states they're required to keep those logs for a certain period of years.

If you do anything on an employers network, it's theirs. Any emails on company email is theirs.

Conversely, unless the authorities wqnt to get you Al Capon style, you shouldn't really worry about a bunch of dirty messages.

[19Trees]

Unless you clear your browsers cookies, history and browsing/download data, it will be easy to learn exactly which pages you visited, when, how often etc. If your company was mid sized or large or was sophisticated from IT perspective, likely your cookies and browsing activities are recorded and stored in real time by IT. YES, it is legal for employers to snoop on employees!

Sure its legal to go anywhere on the net. But it won't look so good if feds/state/locals find a bunch of eccie pages during their investigation. Legal or not, its unwanted, undesirable exposure.

Browse privately. Browse from icogneto window or TOR type browser. If you browse at work, recognize there is high chance its being watched and or logged.

19Trees

[dreamvacationdates]

Originally Posted by 19Trees

Unless you clear your browsers cookies, history and browsing/download data, it will be easy to learn exactly which pages you visited, when, how often etc. If your company was mid sized or large or was sophisticated from IT perspective, likely your cookies and browsing activities are recorded and stored in real time by IT. YES, it is legal for employers to snoop on employees!

Sure its legal to go anywhere on the net. But it won't look so good if feds/state/locals find a bunch of eccie pages during their investigation. Legal or not, its unwanted, undesirable exposure.

Browse privately. Browse from icogneto window or TOR type browser. If you browse at work, recognize there is high chance its being watched and or logged.

19Trees

Really the company wouldn't be snooping at all, they own the equipment, you're just using it, you have no reasonable expectation of privacy at all, and yes if they have a good size IT, they know every site you visited, and yes they can view what your doing real time and record it, and yes they can fire you if you when on a prohibited site, most companies have you sign off knowing what you can and can not do using their equipment, and if you violate those rules, your gone.
Never use your company equipment to visit sites they may prohibit, that's is so not a smart thing to do.

[dreamvacationdates]

Originally Posted by colinf

Hi,

I recently had my work PC confiscated by the authorities after allegations of financial wrong doing by my company. I had used my work PC to access eccie and to talk to providers.

Does communication on eccie with providers brake any prostitution laws in Texas/

I would apprciate any advice anyone can give me...

You better worry about keeping your job

[jj_cool]

This was your first post? I'd be more worried about the monetary indescretions.

[Capt. Lincoln F. Stern]

I work in I.T. WTF were you doing accessing these sites on a company PC?

That is what you get when you think with the little head.

I use my personal smart phone and even then I only browse here when no-one is around at work (I work nights) I use TOR and some other services to from time to time.. really depends on where I am at. If at home.. no biggy.. unless I am up to something evil.. then I use them.. if out and about.. I use them ALWAYS

[jf2good]

I use to do desktop support and was amazed at the amount of porn people looked at, the sites they went too, and personal communications they did through the company e-mail like who had gotten STD's from their boyfriends and the like. People think things like clearing their internet browser cache deletes the trail it does not. They think e-mails are not kept, it all is backed up. However, most people are safe because management turns a blind eye unless forced too as they are doing the same stuff. Once a lawsuit is filed by someone for sexual harassment or other misconduct, watch the fun begin.

Don't ever use your work computer or work network to solicit for sex. However, even some people in IT just don't get it, seen them do thing like work on their porn site while on company PC's and company time.

I hate the keylogger software, feels like overkill by business and makes me paranoid that even the littlest thing can be used to fire you if they wanted too, but more and more businesses are using the stuff.

[VLombardi]

So, if I rent an office and use the owners network...he sees everything? Or does he have to want to see it to see it?

[skirtchaser79411]

at work i would never go to eccie or even use my hobby handle email that id plain dumb

[ShysterJon]

Originally Posted by VLombardi

So, if I rent an office and use the owners network...he sees everything? Or does he have to want to see it to see it?

Your question is unartfully framed, but as I understand it, it's possible the landlord could accidentally access your Internet browsing, or could intentionally access it.