Ex-employee faces suit over file deletion

Jacob Citrin was once employed by International Airport Centers and given a laptop to use in his company's real estate related business. The work consisted of identifying "potential acquisition targets."

At some point, Citrin quit IAC and decided to continue in the same business for himself, a choice that IAC claims violated his employment contract.

Normally that would have been a routine business dispute. But the twist came when Citrin dutifully returned his work laptop--and IAC tried to undelete files on it to prove he did something wrong.

IAC couldn't. It turned out that (again according to IAC) Citrin had used a "secure delete" program to make sure that the files were not just deleted, but overwritten and unrecoverable.

Inevitably, perhaps, IAC sued. The relevance for Police Blotter readers is that the company claimed that Citrin's alleged secure deletion violated a federal computer crime law called the Computer Fraud and Abuse Act.

The 7th Circuit made two remarkable leaps. First, the judges said that deleting files from a laptop counts as "damage." Second, they ruled that Citrin's implicit "authorization" evaporated when he (again, allegedly) chose to go into business for himself and violate his employment contract.

The implications of this decision are broad. It effectively says that employees better not use OS X's Secure Empty Trash feature, or any similar utility, because they could face civil and criminal charges after they leave their job.