Disgruntled employees beware. Erasing files on your company laptop as you leave the firm could trigger expensive civil liability under a federal anti-hacker law, according to a recent 7th U.S. Circuit Court of Appeals ruling.Since 1984, Congress has expanded the Computer Fraud and Abuse Act -- which was originally intended to punish hackers who break into computer networks or send computer viruses -- giving employers new civil remedies.
Now, in one of a very few appellate interpretations of the anti-hacking law, a 7th Circuit opinion by Judge Richard Posner on March 8 adopts an expansive view of the law holding that permanently erasing files from an individual laptop computer could trigger federal liability. International Airports Centers v. Citrin, No. 05-1522.
"One interesting question is: Has the ruling really opened the door to federal courts for more employment disputes?" asked Ronald Marmer of Jenner & Block in Chicago who represents employee Jacob Citrin.
"What this means is anybody who destroys an employer's computer, even by new technology, exposes themselves now to this statute," said attorney Don H. Reuben of Chicago's Kane, Carbonara & Mendoza for International Airport Centers, a provider of warehouse space.
Even more reason not to use the company computer for anything but company business.
The problem with this comes down to what happens when someone deletes a file, empties the "trash-can" and the file is over-written. Does this meet the criteria? If it did, would that then mean that you can't even delete a file?
I prefer to use something like SuperShredder or UltraWipe (Redstrike.com doesn't seem to exist any more, so I don't know who really owns this any longer.) on a regular basis. Probably wouldn't help a lot, but at least it shows that I wouldn't be doing anything out of the ordinary.
(h/t How Appealing)
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