The Computer Fraud and Abuse Act (CFAA) [18 U.S.C. § 1030, et seq.]
The CFAA prohibits “intentionally access[ing] a computer without authorization or exceed[ing] authorized access.” The CFAA provides for both criminal prosecution and civil actions for violations. Although the CFAA may apply against employers in some circumstances, the CFAA is far more often a tool for employers to pursue claims against employees who abuse their access to the employer’s computer network. For example, an employer may pursue claims against employees who abuse their access to confidential information in violation of the employer’s policies. See United States v. Rodriguez , 627 F.3d 1372 (11th Cir. 2010). References and Recommendations The popular business social networking site LinkedIn.com allows employees to ask their “connections” to provide recommendations for them. Most employers, however, due to defamation, privacy, and other legal considerations, typically provide very limited reference information on former employees. See, e.g., Randi W. v. Muroc Jt. Unified School Dist. , 14 Cal. 4th 1066 (1997) (finding liability where an employer provided positive references but failed to disclose complaints of sexual misconduct). Employers should make sure that employees are aware that any limited reference policies that the employer may have in place extend to providing references on social media sites, such as LinkedIn.
Safeguarding Confidential and Proprietary Information
In today’s knowledge-based economy, confidential information and electronic systems are often the most valuable resources of a company. Employees who have access to this information or create the employer’s electronic systems during the course of their employment can do a great
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