Virtually every business in America uses computers. Many companies provide their employees with laptop computers or personal digital assistants (PDAs) to facilitate their ability to access and utilize company data. Moreover, numerous companies allow their employees to access their computer systems and data remotely through Citrix, virtual private networks, or otherwise. Businesses are thus understandably concerned about safeguarding against the unauthorized access or misappropriation of their company’s data or systems.
A recent national survey revealed that 59 percent of employees who quit, were laid off, or were terminated admitted to stealing data.1 Most of those departing employees stole their employers’ data directly from their employers’ computers or networks. Concern about improper access, alteration, copying, or downloading of computer data by departing employees is particularly heightened when an employee accepts employment with a competitor or starts a competing business. In such a situation, the former employer may request that its information services department or a third-party computer forensics expert examine the hard drive of the departing employee’s computer to determine if any computer data has been improperly accessed or taken from the employer’s computer system. If it appears that there has been improper access, federal computer tampering statutes may provide businesses with civil remedies. The primary purpose of this article is to discuss those statutes, the remedies they provide, and other possible causes of action for the improper access or misappropriation of electronic data. In addition, this article will discuss Kansas criminal computer tampering statutes and offer some suggestions for protecting electronic data.
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Reprinted with permission