Legal Issues

A number of legal issues surround the investigation of an insider attack. Company liability has been briefly discussed. The company might be liable if the investigation is not complete or if the employee was involved in illegal activity and the company did nothing about it. Pirated software and child pornography are obvious examples of material that might result in corporate liability if the offense is not properly handled. In addition, if the incident is mismanaged and it affects the company’s profits or value, shareholder lawsuits could result. Corporate legal counsel and outside legal experts should be consulted at all phases of a sensitive investigation.

As a general rule, in the United States, a private company can monitor ...

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