Sean
If he could be prosecuted for data theft, so could
and DBA who took a backup copy onto his development laptop to workon
(grin)
only if he gave it to a competitor or if he was
able to make personal gain - with the greatest respect your comments are
ridiculous. Look at it from the employers point of view.
what protection do employers have against this
threat, yes we can take action under a violation of contract or employment law,
but in most cases the amount of loss will greatly exceed the amount of money
that is able to be recouped - and in some cases once the genie is out of the
bottle its too late anyway. In other cases its a matter of principle, its not a
financial loss - its just very personal, some bastards messed with your stuff -
in any case there should be retribution.
the law views code as though its a product,
employees can copy something freely and provided they dont remove it from your
servers its not theft - because you still have it.
q: would a criminal conviction be more of a
deterant for someone in a "trusted" position? -- i think so.
just my opinion
Steve
----- Original Message -----
Sent: Tuesday, March 04, 2003 11:39
AM
Subject: [cfaussie] RE: OT: A lesson
learned
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 -----
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
-----------------------------------------------------------------------------------
Blake Foss
Web Foot Forward
p: 61 2 9340 4401
f: 61 2 8080 8190
m: 0410 747 620
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
Cnr
Queen & Bloomfield Sts
Cleveland QLD 4163
[p] 07 3821-5800
[f] 07
3821-5811
"what we do in
life
echoes an eternity"
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