In a decision likely to be sobering for companies fighting insider threats, an appeals court has ruled that an employee who used his valid computer access rights to access data from his employer can't be prosecuted under a federal anti-hacking law.
Seventh Claim: Violation of the Computer Fraud And Abuse Ac, 18 U.S.C 10 (Against Defendants and Does 1 Through 10)
68. VBSI Repeats and realleges the allegations of paragraphs 1 through 67 as if tfully set herein.
69. VBSI uses its computers in interstate commerce or communication.
70. VBSI's computers are "protected computers" pursuant to provisions of 18 U.S.C. 1030(e)(2)
71. Defendants Darby and XL knowingly and with an intent to defraud, accessed VBSI's computers and exceeded their authorized access to same by transferring information which they obtained from VBSI's computers outside of VBSI to their own possession, and they have used said information to, among other things, develop the Xenforo source code and software, thereby misappropriating and obtaining valuable confidential, proprietary and trade secret information belonging to VBSI. Darby signed the Covenant Agreement whereby Platintiff's predecessor, Jelsoft, expressly notified Darby that he did not have authorization to use trade secrets or other information which he obtained while in employment of Jelsoft, other than in the proper performance of his duties with Jelsoft or its successors. Xenforo's business it not related to VBSI and its predecessor, Jelsoft's business.
72. Defendant's conduct has caused losses to VBSI in excess of $5,000, and believed to be well in excess of $1,000,000.
73. Defandant's conduct constitutes a vilation of the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030.
74. As a result of Defendant's and each of their violation of the Computer Fraud and Abuse Act, VBSI has been and will continue to be severely and irreparably damaged.