After the plaintiff lent an employee a laptop to use for work, the employee quit to go into business for himself. Before returning the laptop, the defendant deleted information which would have indicated that he breached his employment agreement by transmitting a secure-erasure program to the computer, which was designed to write over the deleted files in order to prevent their recovery. The district court dismissed the employer’s suit, but the U.S. Seventh Circuit Court of Appeals reversed, concluding that a program intended to cause damage was transmitted to the computer electronically, thereby violating the CFAA, 18 U.S.C. 1030(a)(5)(A)(ii), irrespective of whether the program is introduced over the Internet or by disk insertion. The defendant’s authorization to access the laptop terminated when he resolved to destroy files that incriminated himself and other files that were also the property of his employer, in violation of his duty of loyalty. The court noted that although the employee’s contract authorized him to destroy data, it was unlikely that the provision was intended to authorize him to destroy data that he knew the company would have wanted. See International Airport Centers v. Citrin, 440 F.3d 418 (7th Cir. 2006).
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