U.S. Appeals Court for Ninth Circuit.

Workers who use company email for disloyal activities may be targeted for administrative sanctions, but they’re not necessarily criminals under U.S. law, according to a recent decision by a federal court. The ruling by the Court of Appeals for the Ninth Circuit, which includes California, found that an employee for a residential treatment center for addicted persons in Nevada could not be prosecuted under the federal Computer Fraud and Abuse Act (CFAA) for emailing himself client files for use in a competing business after his employment was terminated from the center.

The case, LVRC Holdings v. Brekka, involves Christopher Brekka, who was hired by LVRC and worked at its Fountain Ridge facility in Nevada. Brekka’s duties included conducting Internet marketing programs and interacting with Web metrics company, LOAD, which LVRC employed to provide email, Web site, and related services for the treatment center. At the time of his hiring, Brekka owned and operated EBSN and EBSF, two consulting businesses that obtained referrals for addiction rehabilitation services and provided referrals of potential patients to rehabilitation facilities through the use of Internet sites and advertisements. According to the court, LVRC was aware of Brekka’s involvement with EBSN and EBSF when it brought him on board.

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