International review of law, computers & technology
Paginering:
Jaargang 14 (2000) nr. 1 pagina's 105-113
Jaar:
2000-03-01
Inhoud:
In many jurisdictions, the issues concerning computer misuse have, in the main, tended to concentrate upon the increasing threats from outside the organization, whilst largely ignoring the threats posed to the organization by the insider. This research note will focus on the broader issue of the threats, and the dilemma posed, to the organization by insiders as well as the legal challenges that insiders present to the courts. It will review how the courts have tended to protect computer owners or employer organizations against the insiders, despite their own misconception over what constitutes unauthorized access, as envisaged by the Computer Misuse Act 1990. This focus upon the insider threat is particularly useful in understanding how the interpretation of computer misuse within organizations can be mediated through the notion of opportunity. On the one hand, the electronic office provides insiders with ample opportunities to threaten their employer organizations. Yet on the other hand, the availability of technology in the work environment suggests that increasingly surveillance and control of employees are no longer a distant possibility.
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