> The agent said Tan handed the flash drive over to the US company, and the firm found that the deleted files would have allowed his new employers to recreate the product in question. The files had been deleted from the flash drive the day before Tan resigned, the affidavit said.
Call me confused, but I don't really see a crime here? The defendant turned over the data before his resignation and is not accused of actually making an attempt to transfer or sell the data to another party, or conspiring to do so. The only accusation is that he had some files that weren't part of his job to have, apparently. But presumably the internal corporate system allowed him access to it and thus he obtained it without breaching any computer system. Perhaps his workplace policy barred him from downloading files onto a USB drive. But is that considered theft?
Call me confused, but I don't really see a crime here? The defendant turned over the data before his resignation and is not accused of actually making an attempt to transfer or sell the data to another party, or conspiring to do so. The only accusation is that he had some files that weren't part of his job to have, apparently. But presumably the internal corporate system allowed him access to it and thus he obtained it without breaching any computer system. Perhaps his workplace policy barred him from downloading files onto a USB drive. But is that considered theft?