Litigation
Jul. 26, 2012
9th Circuit limits reach of Computer Fraud and Abuse Act
By all appearances, the U.S. solicitor general is contemplating an appeal of Nosal to the U.S. Supreme Court. By Vince Farhat and Tim Fisher of Holland & Knight
In its en banc decision in U.S. v. Nosal, 676 F.3d 854 (9th Cir. 2012), the 9th U.S. Circuit Court of Appeals parted ways with the 5th, 7th, and 11th Circuits in the interpretation of provisions of the Computer Fraud and Abuse Act, 18 U.S.C. Section 1030, holding that the statute's prohibitions do not extend to a computer user's unauthorized use of information that the user was authorized to access. The indictment aga...
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