By now you’ve heard about the Ashley Madison hack, and have likely
checked the infamous list to see if there’s anyone on it that you
know. You’re not the only one.
But as everyone picks their jaws up off the floor, a second line of inquiry
has started that begs the question: “Are Ashley Madison users cheating
husbands or victims of computer tampering?” Employers, including
the federal government are now investigating, and in some cases disciplining
employees who pursued infidelity on company time.
Why Is It an Employer’s Business?
Most companies have internet use policies. Some forbid it outright while
others allow minimal personal use. But there’s no way, though, that
any employer would give the thumbs up to an employee surfing the net for
a quickie on the boss’ dime. In many cases, as we know from the
list, Ashley Madison users included elected officials and police officers.
While certainly misconduct, an employer’s use of this stolen or hacked
information raises an interesting ethical question:
Should employers be allowed to investigate using stolen evidence?
If that’s what’s going on (and it is), should then we treat
the alleged cheaters as victims of a crime?
A Victim of Computer Tampering?
With respect to a computer network (like Ashley Madison), Arizona’s
computer tampering law makes it illegal to:
- Execute a scheme to defraud
- Damage or delete data
- Introduce a virus
- Cause a denial of service (DOS)
- Engage in harassment
- Hack healthcare information
- Access data without permission
So under the law, these promiscuous men are actually victims of computer
tampering. Their personal information is only out in the public domain
because of the criminal acts which resulted in Ashley Madison’s
data becoming public.
Now let’s take this one step further - Is it right for employers,
and heaven forbid the Government, to punish its employees utilizing information
that was obtained by illegal conduct which clearly amounts to computer
tampering? Do two wrongs make a right? Do the ends justify the means?
Hire a Computer Tampering Lawyer in Phoenix
Jason Lamm is a former computer crime prosecutor who has special training and experience
that he now uses to defend clients charged with computer tampering charges.
He is routinely called upon as an expert consultant to other law firms
to evaluate investigations and cases to develop an appropriate legal strategy.
Jason regularly puts on seminars for attorneys and other professionals
regarding the investigation and defense of computer crime cases.
If you or someone you know is charged with computer tampering in Arizona,
or any other crime involving the use of a computer (such as
fraudulent schemes or distribution of
child pornography), the Law Office of Jason Lamm is the one call you need to make to get
and keep your defense on the right track.
Contact our Phoenix criminal defense lawyer today and schedule an