The category of “computer crime” includes many disparate offenses, from child pornography to transmission of computer viruses to identity theft. This raises a problem.
One set of complaints involves a very common scenario. A suspect, usually an employee of the victim, accesses data from the victim’s computer without or exceeding authorization, and then copies, deletes or erases the data (by “erases” meaning that the data is not only removed from the user’s active files, but completely wiped from memory and so unrecoverable even with forensic tools), or damages the computer. Very often, the suspect acquires the victim’s proprietary information, and the victim suspects (and sometimes can show) the suspect had either conveyed that information to a competitor or used it to start his own competitive business. Usually there are no contractual covenants (not to compete, solicit clients or disseminate proprietary information) in place prohibiting such conduct.
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