A fascinating legal theory is beginning to come out of the oven that may change how we think of digital information as property. What do you think?
An unauthorized computer access event occurs. System logs and other operating data provides evidence that personal information records were accessed. The logs indicate that the information records were copied and exported; however, there is no further evidence, including from named individuals, that the personal records have been improperly used, such as for identity theft.
A second variation involves the physical theft of a laptop or other computer equipment on which personal information was stored, perhaps even in unencrypted formats that would allow fairly easy access and use of the information. Again, there is … Read More