As a result, he said, companies should review their polices to close any loopholes that might allow rogue insiders to escape prosecution under CFAA.

Horn added that companies also have state and common law cases they can use to go after rogue insiders. He also noted that other appellate courts have allowed CFAA to be used in similar prosecutions against rogue insiders.

Jaikumar Vijayan covers data security and privacy issues, financial services security and e-voting for Computerworld. Follow Jaikumar on Twitter at or subscribe to . His e-mail address is .

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in Computerworld's Cybercrime and Hacking Topic Center.