When workers use their company’s computer they need to be aware that they can be found liable under Maryland common law if they download company information that is deemed "proprietary." Fortunately, the Fourth Circuit recently found that an employer cannot bring an action, including a criminal action, against an employee under the Computer Fraud and Abuse Act (CFAA) when the employer claims that an employee downloads proprietary company information, so long as the employee has authorization to use the computer. The case is WEC Carolina Energy Solutions, LLC v. Miller, et al., No. 11-1201 (4th Cir.) and was decided on July 26, 2012. However, even if employees are authorized to use the company computer, if they download the company’s proprietary information they can be found liable under Maryland law for various claims, including conversion, tortuous interference with contractual relations, civil conspiracy and misappropriation of trade secrets. If you are an employee who is exiting one company for another, you should take heed and not download any of your soon-to-be former employer’s information.
