Security Managers Could Face Court Penalties

I posted back in May about the legal problems security professionals may find themselves in. There is an interesting article over at Yahoo! News! that relates to this.
Mark Rasch was head of the US Justice Departments Cybercrime Unit. He prosecuted Robert Morris, author of the Morris Worm as well as the Hanover Hackers (see Clifford Stoll, The Cuckoo’s Egg). Currently he is a VP at some company and makes money scaring people about cybersecurity.
He makes some good points to ponder:
Computer Crime is written too broadly such that any unauthorized access is a crime. Then when your company has a policy that employees routinely violate that opens your employees to a felony computer crime charge of unauthorized computer use.
His main admonition is that your routine efforts at security could blow up in your face in court. Lets say you have a memo listing necessary security steps to take. Then you don’t take all of them. That will not look good at trial!
For something to be protectable as a trade secret, you must have made some reasonable effort to secure it. If you didn’t do the items on your list, then you may lose when you try to get someone prosecuted for stealing trade secrets.