Does an employee who violates an employer’s computer use policy also violate the Computer Fraud and Abuse Act? Depends on who you ask. The Fourth Circuit recently held that an employee cannot be held liable under the CFAA for such conduct, even if the employee was improperly using computer access to steal company data. There are a number of circuits that disagree, however. Now, WEC Carolina Energy Solutions, the employer in the Fourth Circuit case, is asking the U.S. Supreme Court to weigh in on the issue. Stayed tuned to see if the Court agrees to get involved.
Other news stories this week have examined election-related uses of technology and ways in which President Obama’s second term may be influenced by technological changes. One Georgia woman demonstrated that offensive use of social media during the election, even while off-duty, can get a worker fired. Other individuals learned that it may not be the best idea to post a picture of your ballot online, since some state laws expressly prohibit ballot disclosure. Looking ahead, political analysts question how President Obama will handle growing technology issues, such as cybersecurity and spectrum shortages.
Technology and the Workplace
Employer Petitions U.S. Supreme Court to Resolve Computer Fraud and Abuse Act Circuit Split (Trading Secrets)
Female Cop Gets $1M After Colleagues Trolled Database to Peek at Her Pic (Wired)
Clinic Worker Fired Over Facebook Post Referring to Obama as the “N-Word” (11 Alive News)
8 Types of Technology That Will Be Essential in the 2015 Workplace (Huffington Post)
Experts Raise Concerns Over Superhuman Workplace (Yahoo)
Technology and the Law
Can False Hurricane Tweets Spur Prosecution? Legal Experts See Some First Amendment Hurdles (ABA Journal) (WSJ)
Tweeted Your Ballot? You May Have Broken the Law (CNN)
The Real Iranian Threat: Cyberattacks (CNN)
CA Man Behind Anti-Muslim Film Gets Prison (ABC)
Focus of FCC in Second Obama Administration: More Spectrum (NY Times)
Top 5 Tech Initiatives for Obama’s Second Term (FOX)
There’s an App for That
Can’t Stop Texting and Driving? These Apps Can Help (LA Times)
Ride-Sharing Apps for Frustrated Commuters (NBC)
Want to Stalk Your Dog? There’s an App for That (Huffington Post)
Take Smarter Notes with Livescribe’s Sky Wi-Fi Pen (Washington Post)