Slashdot Mirror
Deleting Files is a Crime?
cemaco writes "A former employee of International Airport Centers, who is currently embroiled in a legal dispute with them, returned his company laptop as required. Hoping to find incriminating evidence, I.A.C. attempted to retrieve deleted information from the laptop in question with no success. This employee had beaten them to the punch. He had used 'secure delete' software, in order to make sure nothing could be recovered. He is now being charged with a violation of the Computer Fraud and Abuse Act."
It's not an uncommon data-deletion policy to encrypt all archived data/backups, then to later delete the corresponding key to any data that needs to be securely wiped. It would be pretty easy to end up in the same situation as this employee if your data was archived in this way and you decided to delete your keys when you left your job.
I read most of -- maybe 95% -- of the original article, but I did NOT read the court papers nor try to look for them.
So, this is on the assumption that he SELECTIVELY deleted files and didn't delete day-to-day financials, IT-installed AV software, IT-installed firewall and logger software..
But, since he used a secure delete:
-- HOW does IAC know WHAT he deleted?
-- WHY be such specious pieces of shit and sue him for something they cannot prove/trying to prove the unknowable?
If he once had a company proposal, but then had his own ideas and prototyped them, but left the company-bound original in place then the stuff he made for himself is HIS HIS HIS! Not the company's "just because he put it there".
If he put a pic of his family, they'd deleted it without a second thought. But, because it may be or they FEEL it's in their "sphere of interest", of course they'll want a copy. But, too bad. If they had a plan to expand and didn't include him, and liked his ideas but said, "See ya, we don't need ya", and he felt they we're using HIS ideas (which, if he's smart, can be reconstructed by any MBA observing the business potential, studying the companies and entities involved, and using some wit and imagination...), then if they didn't have them in their meetings minutes, they're stupid.
Now, IF he produced the stuff on COMPANY time FOR the company and it was stuff they TOLD him to make as an in-process and end-product set of information, then he shouldn't have deleted it. But, if he, for instance, installed (say, with their permission) his own licensed software and produced data for them, but say, deleted their data, then they have NO damn business expecting to keep "evidence of his Corel (or whatever) copy". He could have had Maya, Alias, ACAD, who knows. And, if they had ACAD, but he drew floorplans of an office he intends to have fitted out, THAT, TOO is none of their goddam business.
Sour grapes. Sometimes, some COMPANIES just don't get it. Same goes for those companies whic hire programmers and and then "compensate" them to intentionally embed, encrypt and then claim as "their own intellectual property" some GPL/GNU software they goddam didn't create, and then adamantly pass off and defend as their own and expect smarter employees to sign NDAs and Non-Competes over stuff the company didn't create.
I hope that guy is smart, has a smart lawyer and that he actually IS in the right. But, unless we actually see the court transcripts, get our own forensics team on the hard drive (assuming the company didn't distrub the 1s and 0s any more than the ex-employee did), then it's going to be hard for any geek/nerd on this site to say much of anything meaningful without laying out some reasonable scenarios. I guess....
Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
> Then he could have been able to argue "You can't have it - returning it to you would be self-incrimination."
That is bullshit. If that were true: a company could argue that the government can't look at their financial records because it would incriminate them; a murderer could deny police access to their premises because they would find a body in her freezer that would incriminate her.
Self incrimination is when you are used directly as a source of evidence such as through a confession, or affidavit, and only applies to a criminal case.
Having RTFA, it looks like Mr. Citrin's problem was that he resigned first, THEN handed back the laptop. The judge ruled that Citrin's right to issue commands of any sort on the system ended upon resignation. If I'm reading that correctly, the solution for other soon-to-be-former employees or contractors seems simple: delete, then quit.
More than anything, use head main ting when separating from a company. 1) get your personal gear out of the office; 2) delete email and files relating to personal business (or that might reflect especially poorly on you); 4) clear your browser history and cache; 5) securely overwrite all free sectors on disk; 6) log out and power down; 7) resign. It looks like Mr. Citrin may have gone overboard and nuked all of the company data on the laptop, which is of value and use to the company and their next person to fill his position, and made it look like he had something to hide.
Luke, help me take this mask off
Believe it. If you are not a publicly traded company, you can refuse the IRS' audit request on 5th Amendment grounds. The IRS has no right to search your records and interrupt your business. A murderer CAN deny police access to their premises and strictly shut the door in their face. A warrant can override this but you cannot be compelled without one.
Similarly, if the police EVER pull you over and ask you if they can search your trunk or vehicle during a routine stop, you can refuse. I have done so, with no recriminations. I didn't have anything to hide but I take exception to the police searching without what I call a valid reason. I was stopped for expired tags, and after a 12-hour shift and 1 hour commute each way I was fully exhausted. Bloodshot eyes and the whole bit. Refused IMMEDIATELY and asked why they asked me. They told me that it was due to the bloodshot eyes and how I was obviously tired. I asked if they wanted me to pull over to sleep, they said no. I asked if they had any further reason for detaining me and again, they had to answer no, so I stated I would leave then. I already had the ticket in my hand - bing bang boom gone.
You don't have to incriminate yourself, and this guy will easily get out of it on appeal.
A better solution would be to ghost the hard drive when you get the laptop at your new job. Returning the computer to them in EXACTLY the same condition that it was given to you (data-wise) would then be trivial. How can they punish you for that? They can't. In fact, you can even prove that it IS in the same condition!