There is a lot of ambiguity in understanding what constitutes a computer crime and what does not. As you will read in the attached link, the Ninth Circuit U.S. Court of Appeals is hearing arguments in a matter where the Department of Justice wishes to invoke the Computer Fraud and Abuse Act in a criminal matter. The defendant in this matter is accused of unauthorized access to his former employer’s records prior to starting a competing business. On the surface this seems like a fair and impartial application of the statute. The question at hand here: is the statue too broad to be applied in this case or any case? The statute and the case seems to make every user of web based software vulnerable to criminal activity for “exceeding authorized access” if that computer or program is a federal interest computer. The argument might be: what if someone exceeds authorized access unknowingly but proceeds in a manner that seems to present a pattern of intended access? I must leave the argument for or against the use of the statue to qualified legal strategists and the courts. What is important to note is that we in the field of litigation support, electronic discovery and computer forensics as well as our clients ought to be aware that the statute exists and be sensitive to what it may cover.
9th Circuit Gives Computer Crime a Workout
Richard Rodney is Site Logic’s Vice President in charge of Electronically Stored Information (“ESI”) services. His functions include oversight of the company’s New York based data teams and larger ESI projects (forensic collections, data processing, and hosting), reviewing and testing new technologies, and developing new and better products and services for our clients.
