United States v. Thomas, No. 16-41264 (5th Cir. 2017)Annotate this Case
18 U.S.C. 1030(a)(5)(A) prohibits intentionally damaging a computer system when there was no permission to engage in that particular act of damage. The Fifth Circuit affirmed defendant's conviction of knowingly causing the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causing damage without authorization, to a protected computer, in violation of section 1030(a)(5)(A). In this case, defendant was the Information Technology Operations Manager for ClickMotive, a software webpage hosting company. Upset that a coworker had been terminated, defendant sabotaged the company's electronic system by deleting files, disabling backup operations, diverting emails, and preventing remote access to the company's network. The court held that defendant lacked permission to inflict the damage he caused and sufficient evidence supported defendant's conviction. Finally, the court held that the statute was not unconstitutionally vague.