Michael L. Levy
84 Geo. Wash. L. Rev. 1591
The problem of what constitutes “unauthorized access” and “access in excess of authorization” to a protected computer under 18 U.S.C. § 1030 is proving to be intractable. At the same time, businesses are experiencing significant losses, as disloyal employees, on their way to new employment, take data that they think will be useful in their new jobs. Rather than argue for another meaning for “authorization” either in the courts or Congress, this Article proposes sidestepping the issue and solving the disloyal employee problem with legislation that deals directly with the problem—the employee’s access to the employer’s computer with the intent to steal information.
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