Circuit Split On CFAA Leaves Employers Scratching Heads

Law360, New York (August 13, 2012, 10:02 PM EDT) -- The U.S. Department of Justice has decided not to seek U.S. Supreme Court review of a Ninth Circuit ruling that the Computer Fraud and Abuse Act does not apply to employees who violate company computer use policies, leaving in place a circuit split that attorneys said Monday puts employers in a tough spot.

The DOJ informed the Ninth Circuit on Aug. 2 that the solicitor general would not file a petition to the high court over the appeals court's April 10 en banc decision not to reinstate CFAA charges against David Nosal, who allegedly stole trade secrets from his former employer....

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