Maryland Court: Employees Who Steal Data from the Company Computer Do Not Violate the Computer Fraud and Abuse Act

more+
less-

A federal district court in Maryland held that an employee who stole proprietary data from his prior employer did not violate the Computer Fraud and Abuse Act (“CFAA”) because he was authorized to access the data and use the data on the job before he terminated his employment with his prior employer. Océ North America, Inc. v. MCS Services, Inc., 2010 WL 3703277 *3-*5 (D. Md. Sept. 16, 2010).

Océ North America (Océ) “designs, manufactures, sells, and services high volume production printing systems . . .for commercial printing functions.” Id. at *1. A former Océ employee went to work for a direct competitor, the defendant MCS Services, Inc. (“MCS”). Océ claimed that before leaving its employ the former employee copied from its computers its proprietary “diagnostic software, a parts manual, and a maintenance manual” and that MCS distributed this stolen material to “its engineers who are using these copies in their daily work.” Id.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nick Akerman, Dorsey & Whitney LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×