Grant McCool
U.S. will not challenge computer fraud case to high court
U.S. will not challenge computer fraud case to high court
The Computer Fraud and Abuse Act prohibits, among other things, accessing a computer without authorization or in excess of authorization. Employers have been known to use it against employees where the latter has used a company database to poach clients for a new venture or otherwise used proprietary company information for personal benefit and to the employer’s detriment.
The Reuters article correctly points out that many jurists look at such issues as employer/employee matters undeserving of criminal prosecution, at least to the extent that they don’t violate other laws pertaining to trade secrets, securities law, and other potentially-applicable law.
I agree: an employee’s exceeding authorized access to further goals contrary to the company’s interests, unless the information retrieved is properly considered a trade secret or otherwise is protected, should be a firing offense but not a prosecuting one.