[ga] FYI:Appeals Court Says Employee Who Deleted Data Violated Computer Fraud

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

All,

Are certain ICANN employees potentially in the past exposed or
open to be charged in respect to this decision? Kent Crispin, maybe
you should seek legal representation...

Appeals Court Says Employee Who Deleted Data Violated Computer Fraud
    and Abuse Act
(11/10 March 2006)
A recent ruling from the US Court of Appeals for the Seventh Circuit
says that an employee who deleted files from a laptop computer he was
issued before returning it to his employer violated the Computer Fraud
and Abuse Act.  Jacob Citrin's former employer, International Airport
Centers (IAC), sued him when they discovered the hard disk on the laptop

he returned to them had been "erased with a deletion program."  The
company alleges Citrin began doing personal business while still
employed with them and they hoped to find incriminating evidence on his
laptop.  A lower court initially threw out the case against Citrin, but
the appeals court said he had violated CFAA by using a secure delete
program.   The court also found that Citrin "effectively terminated his
employment not when he turned in the laptop, but when he started doing
personal business while still ... employed at IAC." Citrin maintains
"his employment contract authorized him to 'return or destroy' the data
in the laptop, but the court said that he ceased to be protected by that

contract when he started doing his own work."
http://www.tgdaily.com/2006/03/11/deletingfiles_appealscourt_citrin_reversed/

http://news.com.com/2102-1030_3-6048449.html?tag=st.util.print
http://www.groklaw.net/pdf/CitrinPosnerOrder.pdf
http://www.ca7.uscourts.gov/tmp/R60ZGH1H.pdf
[Editor's Note (Shpantzer): Typically these clauses are written to
maintain confidentiality of the data, not to preserve it, since that's
what backups are for.  It seems that the backups were also deleted.
(p.7 of complaint http://www.groklaw.net/pdf/CitrinComplaint.pdf ) See
Groklaw's coverage on this case, she will be following developments.
http://www.groklaw.net/article.php?story=2006031107414764 ]

SPYWARE, SPAM & PHISHING
 --Phishers Reportedly Using Chinese Bank's Server to Host Phony Sites
(13/12 March 2006)
According to Netcraft, phishing web sites purporting to belong to eBay
and the US's Chase Bank are being hosted on a server that belongs to the

Shanghai branch of China Construction Bank Corp.  The data gathered by
the phony Chase bank site are being sent to a server in India.
http://www.computerworld.com/printthis/2006/0,4814,109500,00.html

http://news.netcraft.com/archives/2006/03/12/chinese_banks_server_used_in_phishing_attacks_on_us_banks.html

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obediance of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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