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Legal Lessons From a Computer Fraud Case . . .
A recent ruling by a Federal court in Georgia in the Andritz, Inc. v. Southern Maint. Contractor, LLC case held that lost revenue caused by theft may not be recoverable under the Computer Fraud and Abuse Act. This means to me that if you can't stop an ex-employee from stealing information from your systems in the first place via proper de-provisioning and auditing tools, you may be out of luck in terms of recovering lost money caused by that theft.
The lawyers at Wilson Sonsini Goodrich and Rosati wrote an interesting alert about the ruling, which has also been quoted by other bloggers such as Tom Kemp's blog at Centrify.
The bottom line for the lawyers?
1) Make sure you have enforceable non-disclosure and non-compete agreements with all employees who have access to sensitive company information can strengthen claims.
2) More practically, companies may want to consider how they monitor and enable access to such information and ensure that access is promptly terminated when the employee departs.
3) Finally, the presence of or access to tools that enable analysis of user activity, including log-file management, can help employers evaluate whether or if any such unlawful access has occurred.
Posted March 04, 2009 in | Permalink
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