White Paper

Sharing of Passwords Under Certain Circumstances Unlawful

 
Many companies have experienced the departure of an employee and the elimination of that former employees access to the company’s computers and networks. In the recent case of USA v. Nosal, D.C. No. 3:08-cr-00237-EMC-1 (July 5, 2016), the Ninth Circuit Court of Appeals was presented with the following facts: Nosal, a former employee of Korn/Ferry departed and launched a competitive entity. When Nosal left the company, the company revoked his computer access credentials. After his departure, Nosal was nevertheless able to continue accessing the company’s confidential and proprietary information when his former secretary provided Nosal with her database access credentials. In Nosal, the question for the court was whether the jury properly convicted David Nosal of the crime of conspiracy under the Computer Fraud and Abuse Act (“CFAA”) for accessing and downloading information from the company’s database “without authorization.”

Download this white paper to continue reading …

Jeffrey M. Schlossberg is a Principal in the Long Island, New York, Office of Jackson Lewis P.C. Mr. Schlossberg has devoted his entire career to the employment law field. Mr. Schlossberg has extensive experience in handling all aspects of the employer-employee relationship. Areas of concentration include: employment discrimination prevention and litigation; workplace harassment policy development and compliance; social media and information privacy in the workplace; family and medical leave; disability matters; wage and hour investigations and litigation; non-competition agreements; and corporate mergers and acquisitions.

Faculty

Jeffrey M. Schlossberg

Jeffrey M. Schlossberg

Jackson Lewis P.C.