Goldman Coder Ruling Stands In Lieu Of Clear Data Theft Law

Jan 27, 2017

Joseph Facciponti comments in Law360 about a New York appeals court’s decision to reinstate the conviction of a former Goldman Sachs programmer under a 50-year-old statute related to criminalizing data theft.

An excerpt from "Goldman Coder Ruling Stands In Lieu Of Clear Data Theft Law," Law360 (January 27, 2017):

Joseph Facciponti, a special counsel at Cadwalader Wickersham & Taft LLP, said the court had applied the law in a straightforward way by looking at data on a hard drive as a physical recording and not being bogged down by the incorporeal nature of the code itself. “What catches people, including sometimes judges, off guard is the 'cyber' part of cybercrime,” Facciponti said. “But in most cases, high-tech crimes are just regular crimes committed with a computer.”

“Even in the absence of updates, you can still use the laws in common sense ways,” Facciponti said.

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