Tag Archives: computer use policies

Former Employee Sentenced to Prison for Trade Secret Misappropriation and Computer Fraud Related Misconduct

One of the more noteworthy employer/employee trade-secret misappropriation and Computer Fraud and Abuse Act  (CFAA) cases came to an end earlier this week. Specifically, Mr. David Nosal wa sentenced on January 8, 2014 to one year and one day in prison. He was convicted for misappropriating his former employer’s trade secrets and improperly accessing the … Continue Reading

Employee Owned Tablets and Technology Devices: Managing the Risks and Rewards Starts with BYOD Policy

With Christmas quickly approaching, employers should expect that their employees will be enjoying new technology devices entering the new year. And this means employers should expect new employment law compliance issues and technology risks for their companies.  Bring Your Own Devices and Employment Law Compliance Issues Employee owned devices create a minefield for employers when … Continue Reading

Helping Employers Against Employees Who Help Themselves to Company Information to Build a Discrimination Claim

A well written article by Connie Bertram, asks the question “Is Self-Help Discovery by Employees Protected Activity?” The title of the article refers to situations where an employee attempts to gather factual support or to otherwise pursue an employment discrimination claim or a related employment-based lawsuit against the employer by accessing employer files and databases to … Continue Reading

Computer Fraud and Abuse Act Does not Protect Against Employee Violations of Company Computer Use Policies

Previously this blog outlined the various approaches Courts have taken to applying the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. 1030, to workplace misuse of employer provided computer resources. A recent opinion from the Ninth Circuit Court of Appeals, however, seriously limits the applicability of the CFAA to the employer/employee relationship and challenges other courts … Continue Reading

What’s the Harm in a Little Workplace Porn? For Starters, Unemployment Benefits.

A recent denial of unemployment benefits in Berglund v Industrial Technology Institute (7/21/2011) offers important insight for both employers and employees when it comes to accessing Internet pornography in the workplace and technology use policies.    Overview of Michigan Unemployment Benefits Under Michigan law, an employee is disqualified from receiving unemployment benefits if he or she is … Continue Reading

Targeting “Excessive” Social Media Use as Violation of Computer Fraud & Abuse Act Misses the Mark

A Computer Fraud and Abuse Act Claim (CFAA) against a former employee based on “excessive Internet usage,” including visiting Facebook was recently dismissed by a Federal District Court in Florida.  Specifically, in Lee v. PMSI, Inc., the former employer claimed Wendi Lee, engaged in “excessive Internet usage” and visited “personal websites such as Facebook” and sent and … Continue Reading

Computer Fraud and Abuse Act Continues to be Potent Weapon Against Disgruntled and Departing Employees

A recent opinion from the Ninth Circuit Court of Appeals (PDF) confirms that the Computer Fraud and Abuse Act (essentially a federal computer hacking statute) continues to be a significant resource for employers to protect against the loss and damage of mission critical information due to departing or rogue employees. To add the Computer Fraud and … Continue Reading
LexBlog