One result of the call for fiscal austerity has been the privatization of certain traditional government activities. From prisons to space travel, privatization has spread. Just last month, a private company launched a space vehicle, SpaceX, to resupply the international space station, a mission usually limited to governmental entities such as NASA.1

On the cyber front, companies have for some time had internal policies to protect their proprietary information and ensure that employees are on notice that use of the company computer is limited to authorized business. Does an employee risk federal criminal prosecution under the U.S. Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §§1030(a)(4), when he commits the inevitable “frolic and detour” by using the company computer for personal business?

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