Perspective
Jul. 19, 2012
9th Circuit scales back CFAA application
Nosal clarifies that the CFAA targets true "hacking," and not violations of company computer use policies or website terms of service. By Ilana Rubel and Sebastian Kaplan of Fenwick & West LLP
Aggrieved employers have often turned to the Computer Fraud and Abuse Act in suing former employees that allegedly absconded with information from company computers. Such suits face bleak prospects in the 9th Circuit after the ruling in U.S. v. Nosal, 676 F.3d 854 (9th Cir. 2012). In Nosal, the en banc court held an employee could not be liable under the CFAA for "exceeding authorized access" to a...
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