US V. Nosal — Implications For CFAA Cases

Law360, New York (April 12, 2012, 1:26 PM EDT) -- On April 10, the en banc Ninth Circuit, by a vote of 9-2, limited the reach of the Computer Fraud and Abuse Act by holding that gaining authorized access to information on a computer system and then using the information for a purpose prohibited by a computer-use agreement, even for a fraudulent purpose, does not constitute "exceed[ing] authorized access." 18 U.S.C. § 1030(a)(4).

In his opinion for the court in United States v. Nosal, Chief Judge Alex Kozinski reasoned that interpreting "exceeds authorized access" as "limited...
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