Man Claims Internet Chatroom Addiction in Dispute Against IBM

WHITE PLAINS, N.Y. — A man suing IBM for wrongful termination has said that his use of Internet chatrooms is a disability — not unlike drug and alcohol addiction — and that IBM’s decision to fire him for visiting adult chatrooms while at work violates the Americans with Disability Act (ADA).

IBM, which filed a motion for summary judgment against James Pacenza, said the employee’s use of Internet chatrooms is a clear violation of company policy.

“Plaintiff was discharged by IBM because he visited an Internet chat room for a sexual experience during work after he had been previously warned,” IBM attorneys said in their motion for summary judgment, adding that sexual behavior disorders are specifically excluded under the ADA.

Pacenza, a Vietnam veteran who admits to using Internet chatrooms and alcohol to self-medicate for post-traumatic stress syndrome (PTSD) resulting from his war experiences, said he did not visit porn sites at work.

IBM disputed Pacenza’s claim with an affidavit from a coworker who said he saw references to a “blowjob” from a chatroom session on Pacenza’s workstation monitor.

Pacenza admitted to visiting a chatroom while at work because he had trouble coping with a recent bout of PTSD, but said the chatroom session was not pornographic.

Michael Diederich, Pacenza’s attorney, said his client visited an adult chatroom, but that the issue in the case has to do with IBM’s treatment of the plaintiff’s illness, not whether the discussion was pornographic.

Diederich also said age discrimination may have been a contributing factor in his client’s termination. Pacenza is 58.

If the case goes to trial, employers around the country will likely take note because a decision could affect how firms regulate Internet use at work and how so-called online addictions are categorized medically.

A Stanford University report from last year found that 14 percent of computer users neglected work, school, family, food and sleep because of Internet use.

Dr. Elias Aboujaoude, who directed the study, said he was most concerned about the number of users who either hid their use of the Internet, or turned to online activities to cope with negative mood swings, adding that both behavior patterns were akin to those of alcoholics.

The idea that a person could be addicted to the Internet was first put forward by Dr. Ivan Goldberg in 1995. Goldberg, who compared Internet addiction to pathological gambling, is currently lobbying to have Internet addiction included in the next edition of the Diagnostic and Statistical Manual of Mental Disorders — a reference tool used by health professionals to treat mental illness.

Attorney J.D. Obenberger told XBIZ he doesn’t see excessive use of the Internet or pornography as classic addictions.

“I don’t believe that either one exists,” he said. “If you believe Internet addiction, then you have to believe in porn addiction, but how do you get a meaningful standard between pleasure and addiction? People use the Internet and watch porn because they are fun; neither one is a disease.”

But Obenberger said claims of Internet and pornography addiction are serious concerns for the adult entertainment industry.

“Extremely skeptical of these claims,” he said. “But porn addiction is the new wave of censorship, and it’s what they’re screaming about in Congress. All that is just poppycock.”

Pacenza is seeking $5 million in damages from IBM.

The case is Pacenza vs. IBM Corporation, CV-05831.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

Ukrainian President Responds to Porn Legalization Petition

President Volodymyr Zelensky responded Tuesday to an OnlyFans model’s petition to decriminalize pornography in Ukraine, stating that he would wait for the legislative process to play out “in accordance with established procedure.”

Only Tax Deductions Joins Pineapple Support as Sponsor

Adult industry accounting firm Only Tax Deductions has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Adult Empire Launches 'Conversations' Podcast Series

Adult Empire has launched a new official podcast series hosted by Nicole Chappelle and Charlie.

Sex Work CEO Launches 'Teams Plan' for AI Assistant

Sex Work CEO has introduced the new Teams Plan for its AI-powered, NSFW text generator, GPTease.

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

WannaCollab Joins Pineapple Support as Supporter-Level Sponsor

WannaCollab has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Show More