Archive for June 2008
When the Commonwealth of Massachusetts issued Michael Fiola a Dell Latitude in November 2006, it set off a chain of events that would cost him his job, his friends and about a year of his life, as he fought criminal charges that he had downloaded child pornography onto the laptop. Last week, prosecutors dropped their year-old case after a state investigation of his computer determined there was insufficient evidence to prove he had downloaded the files.
An initial state investigation had come to the opposite conclusion, and authorities took a second look at Fiola’s case only after he hired a forensic investigator to look at his laptop. What she found was scary, given the gravity of the charges against him: The Microsoft SMS (Systems Management Server) software used to keep his laptop up to date was not functional. Neither was its antivirus protection. And the laptop was crawling with malicious programs that were most likely responsible for the files on his PC.
Fiola had been an investigator with the state’s Department of Industrial Accidents, examining businesses to see whether they had worker’s compensation plans. Over the past two days, however, he’s become a spokesman for people who have had their lives ruined by malicious software. He now works as an insurance salesman in North Scituate, Rhode Island
Following is an edited transcript of a telephone interview he gave to the IDG News Service.
IDGNS: Why did you need a laptop at the Department of Industrial Accidents?
Michael Fiola: We had a laptop basically to do our reports instantaneously. If I went to a business and found that they were out of compliance, I would log on and type in a report so it could get back to the home office in Boston immediately. We also used it to research businesses.
IDGNS: Had you used a work laptop before?
Fiola: Yes, this was a second-generation laptop. My [first] computer was stolen out of my vehicle outside of work in Boston in November 2006.
IDGNS: How long had you been using a laptop before this one was stolen in November?
Fiola: About a year and a half.
IDGNS: Did you notice anything strange about this new laptop when you started using it?
Fiola: Not at all. I’m not that computer-savvy of a person. I’m more of a hunt-and-peck type of guy. I can get in, I can do my e-mail. You tell me to do this form, I can do this form, and that’s about it. I typically don’t search the Internet, I typically don’t go out and browse. I don’t play any games. I don’t go to chat rooms; never have, never will. I was basically using it for my job.
IDGNS: When did you become aware that there was a problem?
Fiola: When they fired me in March.
IDGNS: What happened?
Fiola: My boss called me into his office at 9 a.m. The director of the Department of Industrial Accidents, my immediate supervisor, and the personnel director were there. They handed me a letter and said, “You are being fired for a violation of the computer usage policy. You have pornography on your computer. You’re fired. Clean out your desk. Let’s go.”
They escorted me to my desk, they watched me clean my personal stuff out of my desk, they escorted me out of the building to my vehicle.
IDGNS: What was you reaction?
Fiola: Shock. I said, “What are you people talking about? I don’t understand?” And they wouldn’t talk to me. They said, “We’ve been advised by our attorney not to talk to you.” It felt like the blood drained right from my body. I never expected anything like this to happen.
IDGNS: How did this affect your life?
Fiola: It was horrible. No paycheck. I lost all my benefits. I lost my insurance. My wife is very, very understanding. She took the bull by the horns and found an attorney. I was just paralyzed, I couldn’t do anything. I can’t describe the feeling to you. I wouldn’t wish this on my worst enemy. It’s just devastating.
If you get in a car accident and you kill somebody, people talk to you afterwards. All our friends abandoned us. The only family that stood by us was my dad, her parents, my stepdaughter and one other good friend of ours. And that was it. Nobody called. We spent many weekends at home just crying. I’m 53 years old and I don’t think I’ve cried as much in my whole life as I did in the past 18 months.
IDGNS: So what do you think happened?
Fiola: It was either a rogue hack … or after my computer was stolen, [the new computer] might have been loaded with the stuff, ready to go. I’m not accusing anybody, but if it was someone in the IT department who was doing this, [maybe they] never had a chance to take it off of there.
IDGNS: The criminal charges against you have been dropped. What about your job?
Fiola: I will never go to work for them again. I would not work for a company that would not protect its employees. I feel they didn’t protect me. The SMS was disabled on that computer.
IDGNS: Has this changed the way you use computers?
Fiola: Yeah it really has. I use a laptop now for work, but I do not go online until I go home. My days of surfing the Web are over, because I don’t wish this on anybody.
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Antivirus Protection · Child Pornography · Commonwealth Of Massachusetts · Dell Latitude · Department Of Industrial Accidents · Fiola · First Computer · Forensic Investigator · Idg News Service · Initial State · Insurance Salesman · Malicious Software · Management Server Software · Microsoft Sms · North Scituate Rhode Island · Old Case · Research Businesses · Scituate Rhode Island · State Investigation · Systems Management Server
The next general form of options available to you “on the job” involves compromise and the art of compromising. In some cultures – most well known the Japanese – conflict is to avoided at all times , conflict is a major taboo and sin – hence most decisions and actions are based on a compromise . On the other extreme occurs when dealing with those where there is at all times a pathological fear of failure , an abject ability to admit one is ever wrong, and coupled with the two previous traits the need to both control others and view any other co-workers who are either competent , have good ideas or suggestions as a direct threat to that person’s job and status within that industry or employment. Guess in what category most managers fall ? If your manager does not , count yourself most fortunate and lucky in life.
In cases of compromise do what you can to be a good influence. This may occur even though you may find that you to continually put up with some things , places or events that you may feel are your about your job. It can be best said- welcome to life.
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There always , at least in theory should be options to your choices in the workplace – should you or shouldn’t you , why and why not ?
First you can “sell out”- that is to do what the job requires and not allow questions of ethics , business or common sense to enter in
For example you are a cashier at a local big box superstore. You are employed (currently or at that moment) as a cashier in the express line up. A customer comes , dallies , and in the end insists that an item from the office equipment and stationary is 50 % off. You know that there are markdowns but unsure of this particular item. The customer insists. You are left with two common sense options – first put the item through promptly. After all there are a number of customers waiting in the express lineup who are getting anxious and fidgety. Option two is to offer the customer to take the item out of her shopping basket for now , or void the order while awaiting notification
Option 3 is to follow the rules . Make the customers in the line wait while another employee checks the price . Next blame ” management” for not providing clear price lists. In the end this is a case of not accepting any responsibility for your actions or your actions leading to poor customer service.
Such an approach seems to be the choice that leads most straight into a career in “management”.
Those that cannot do teach . Those that cannot teach criticize. Those that cannot teach and excel in criticism and as well accept no responsibility for their actions , while blaming others , often have a successful career in “management”
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In the early nineteen eightees IBM , the major market business leader, was caught not practicing the kind of thinking and follow through that had gained them success in the first place. Talk about not keeping your eye on the puck and the concept that you have to put the puck in the net.
Big Blue was resting on its laurels , with management taking credit for its fine success and decisions yet again. Customers and their needs were not part of the “sales and marketing mix”. In the end however the piper plays the tune.
What is amazing is how few companies and their management staff realize that they are still following these brain dead models , even when the innovator of these management practices had long ago retreated from them. Indeed many companies , and their management staff , are still following the management style , practices and concepts of the long dead Roman Empire. Caesar gives. Well Caesar is 2000 years long gone and your management concepts are long dead as well.
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Remember when no fun loving cook would be caught dead without the shredding , chopping, slicing , grating gizmo that revolutionized home cooking – the Cuisinart ? It’s creator Carl Sontheimer , showed that he more than understood the American appetite for powerful , time saving kitchen gadgets. This machine – the Cuisinart filled the companies sales and profits as well as heftily expanded the breadth and depth of its management cadres.
The problems appeared that Mr. Sontheimer , the company mentor and powerhouse had forgotten the formula – or his specific management and marketing formula success for their specific firm – that was innovation and anticipating the needs of the market.
Management types are good at taking credit for what falls in their laps- what god gives them , but loathe to accept any criticisms – even if real and true. Rah , rah , rah – we are all rowing in the same boat – with directives from head office – or the upper floors – when they are clueless and being pablum fed safe data by yes men – who will hopefully , in their minds and fantasies , be in the same perk ridden positions.
And you wonder why General Motors went to hell in a handbasket.
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