I am not a lawyer, but it sounds like there is serious legal disagreement over whether it is a federal crime for an employee to use his work computer in a way that violates the employer's policies. If this goes in the wrong direction, it could be a cornerstone for totalitarianism by employment contract.
I am absolutely fine with violation of policies being grounds for termination of employment and even liability for damages, but making it criminal is just creepy. These fraud laws are ripe for abuse, as illustrated by the prosecution of Ferrell and Kurtz. We cannot count on the restraint of prosecutors ensure that these laws are applied reasonably -- a prosecutor can hound a sick old man and and widower for years without cause, and the scumbag will still get promoted. The corporations already own Congress; they don't need to have prosecutors at their beck and call.