An Employee’s Violation of Company’s Computer Use Policy is not a “Computer Crime”

An employee that printed off lottery tickets from her company’s store computer does not commit a “computer crime” because it would broaden the meaning of the law and run against the state’s intent

State v. Nascimento, 2016 BL 234067, Or., No. SC S063197, 7/22/16.

The Oregon Supreme Court held that an employee that commits a crime using a company’s computer does not necessarily commit a “computer crime.” The prosecutors in this case argued that the defendant violated an Oregon criminal statute against computer crimes by using a store computer to print off lottery tickets for herself. Under the statute’s language, the prosecutor’s argued, she used or accessed a computer “without authorization.”

The Oregon court, however, did not find that this interpretation of the statute appropriately reflected the legislative intent in its creation and that it was overly broad. In looking at the legislative history, it was apparent to the court that the law was written to punish computer hackers that had no authority to access a business’s computer, not just employees who misuse a computer. While the employee is subject to theft charges and other similar statutes, her actions did not rise up to that of a "computer crime."

http://www.bloomberglaw.com/public/document/State_v_Nascimento_No_SC_S063197_2016_BL_234067_Or_July_21_2016_C.