May 132015
 May 13, 2015  Posted by  Laws, U.S.

Jamie Williams writes:

We’ve said it before and we’ll say it again: violating a computer use restriction is not a crime. That’s why today EFF filed an amicus brief urging the Oregon Supreme Court to review a troubling opinion by the Oregon Court of Appeals in State v. Nascimentofinding an employee committed a computer crime for violating her employer’s computer use restrictions.  

Caryn Nascimento worked as a cashier at the deli counter of a convenience store. As part of her job, she was authorized to access a lottery terminal in the store to sell and validate lottery tickets for paying customers. Store policy prohibited employees from purchasing lottery tickets for themselves or validating their own lottery tickets while on duty. After a store manager noticed a discrepancy in the receipts from the lottery terminal, it was discovered that Nascimento had printed lottery tickets for herself without paying for them. She was ultimately convicted not only of first-degree theft, but also of computer crime on the ground that she accessed the lottery terminal “without authorization.”

Read more on EFF.

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