[cfaussie] RE: OT: A lesson learned

Mon, 03 Mar 2003 17:39:43 -0800

Title: Message
Why is that scary?
 
Its not a violation of IT law, its should be a violation of contract law or employment law. You can't sue an employee for fucking up, wilfully or otherwise. He was STILL an employee with authorization at the time of the incident.
 
Miller said that the employee had given formal notice of his intention to resign from the company but still had �about 10� days to go. The relationship had been amicable, with the company having no reason to suspect a breach was likely to be committed.
 
If he could be prosecuted for data theft, so could and DBA who took a backup copy onto his development laptop to workon, or anybody who accesssed the work DB. US types HAVE been prosecuted for accessing the database that its there job to maintain, treating the transferance of data between their workstation and the server as data theft.
 
I'd suggest that our laws are significantly better. Next time I have an argument with a client over payment, I don't want to be faced with the counter charge of having 'stolen' their data when I downloaded a copy of their access database to work on with their full consent.
----- Original Message -----
From: Blake Foss
Sent: Tuesday, March 04, 2003 11:27 AM
Subject: [cfaussie] RE: OT: A lesson learned

This was an old posting, but I remembered it as seeming like something really stupid in IT laws and shows how under funded and lazy the Police are relating to electronic crime.
 
Check out this article:
 
 
Very scary and as they say in TV land, "Trust No-One".
 
Blake
 
 
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Blake Foss
Web Foot Forward
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-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Steve Soars
Sent: Tuesday, 25 February 2003 12:49 PM
To: CFAussie Mailing List
Subject: [cfaussie] OT: A lesson learned

Over the weekend a former employee of ours got into our servers, copied files and made some small modifications, nothing major just nuisance stuff - but enough to piss me off.
 
Today after gathering all the log file data i decided to ring the police.
 
What the Computer Crimes Section told me was a bit of an eye opener;
 
Former staff members are allowed back inside your servers and are able to copy and modify information at will - because they were once allowed to.
The only way they can be charged criminally is if they gain access to your system via another means other than a known username and password (it doesnt even matter if it wasnt their username and password - any will do).
 
The only way other than changing every password on your system is to have a watertight employment contract, advising them that they have no access rights to your system after their period of employment ends, this contract must also outline the ownership of the intellectual property they create whilst employed - this must be signed by both parties. If they gain access to the system outside of their employment then its a criminal act.
 
We didnt have this in place, and our contract was full of wholes when dealing with the ownership of the code he created for us.
 
We can of course go after him via civil action - but he hasnt got anything, so it would be a waste of time - i would have much preffered a criminal conviction.
 
A bitter lesson learned
 
Does anyone have a contract of this nature that they would like to share? 

Steve Soars

www.i-redlands.net

Interactive Redlands
Shop 2 Cleveland Town Square
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Cleveland QLD 4163

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