Considering The Scope Of CFAA

Law360, New York (November 18, 2011, 12:18 PM EST) -- On Oct. 27, 2011, the U.S. Court of Appeals for the Ninth Circuit ordered rehearing en banc in United States v. Nosal, a case that presents the question of whether an employee who violates his employer's computer-use policy also "exceeds authorized access" to a protected computer in violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030(a)(4).

The case raises important issues for private employers of all sizes, for companies concerned with protecting proprietary information, and for Internet companies and users concerned with whether...
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