Friday, August 3, 2012

Nosal Ruling: Terms of Use Can't Define CFAA Authorization

by Thomas O'Toole

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Chief Judge Kozinski, from today's en banc panel ruling in United States v. Nosal, No. 10-10038 (9th Cir., April 10, 2012):

[W]e hold that the phrase “exceeds authorized access” in the CFAA does not extend to violations of use restrictions. If Congress wants to incorporate misappropriation liability into the CFAA, it must speak more clearly.

Without a doubt, the Department of Justice will ask Congress to do exactly this.

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