U.S. Court of Appeals for the 9th Circuit
May 26, 2012
Access versus use: Nosal decision creates circuit split
Nosal created a circuit split regarding the scope of the Computer Fraud and Abuse Act. By Thomas P. O'Brien, Daniel Prince and Katy Wanner of Paul Hastings LLP
The U.S. Supreme Court soon may be asked to resolve an apparent circuit split concerning the breadth and scope of the Computer Fraud and Abuse Act (CFAA),, 18 U.S.C. Section 1030, specifically the provision criminalizing "exceeding authorized access." In April, an en banc panel of the 9th U.S. Circuit Court of Appeals, in United States v. Nosal, explicitly rejected the 5th, 7th and 1...
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