Given the situation and assuming that the use of the supervisor’s login credentials to host the GoToMeeting violates the GoToMeeting license, still the employer is not liable or did not commit an offense under the Computer Fraud and Abuse Act. In this case, the employee was given a log-in credentials which WebEx issued to the supervisor. There was an express instruction to use the credentials from the company-issued desktop computer.
The employee is under obligation to follow or obey the order of his superior, the company’s supervisor. Accordingly, the order or instruction of the supervisor was that anyone in the company can use the login credentials for that web application. This was the express instructions by the supervisor to the employee, to use the credentials from the company-issued desktop computer.
In this case, the files were already in the computer of the company whereas in the Therapeutic Research Faculty case there was an express prohibition or limitation to access the site to obtain the information from any protected computer because defendant NBTY chose the first type of subscription that is for annual single user that limits access to one and only one person either accessing information for personal use or for the benefit of an individual patient or as part of an educational exercise.
The Computer Fraud and Abuse Act is not applicable in this situation because the Act deals with the intentional felony, that is by knowingly and intentionally committing the offense and causing damage to the conduct that involves an interstate or foreign communication. Nothing is mentioned in this case.
Primarily, the concern of the Statute is more on the protection of the employee against the employer who will make, adopt, or enforce any rule, regulation or policy, as well as the retaliation of an employer to the employee whenever the latter discloses information to the government or law enforcing agency if the employee has reasonable cause to believe that the information discloses a violation of a state or federal law, rule or regulation.
Therefore, the Illinois Whistleblower Statute has no application in this case. References: Therapeutic Research Faculty v. NBTY, Inc. , Rexall Sundown, Inc. , and LE NATURISTE J. M. B. Inc. Computer Fraud and Abuse Act. Retrieved from Cornell Law School. Web site: http:/www4. law. cornell. edu/uscode/html/uscode18 Illinois Whistleblower Statute. Retrieved from Illimois General Assembly. Web site: www. ilga. gov/legislation/billstatus. asp
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