Category Archives: Computer Fraud and Abuse Act

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Ninth Circuit Ruling Trimming CFAA Claims for Misappropriation Reminds Employers that Technical Network Security is the First Defense

By Jeff Neuburger on April 13th, 2012 Posted in Computer Fraud and Abuse Act, Data Security

The Ninth Circuit, sitting en banc, has upheld a district court’s dismissal of criminal charges under the Computer Fraud and Abuse Act that were predicated on misappropriation of proprietary documents in violation of the employer’s computer use policy. United States v. Nosal, No. 10-10038, 2012 U.S. App. LEXIS 7151 (9th Cir. Apr. 10, 2012). The ruling… Continue Reading

Ninth Circuit Will Rehear Important Employee Data Theft Case under the Computer Fraud and Abuse Act

By Jeff Neuburger on November 1st, 2011 Posted in Computer Fraud and Abuse Act

On October 27, 2011, the United States Court of Appeals for the Ninth Circuit agreed to rehear the appeal in United States v. Nosal, 642 F.3d 781 (9th Cir. Apr. 28, 2011). Nosal involves a prosecution under the Computer Fraud and Abuse Act for alleged employee theft of confidential data from an employer’s network for… Continue Reading

Ninth Circuit Panel Says Employee Violation of Employer Computer Use Policy Can Support CFAA Criminal Charge

By Jeff Neuburger on April 29th, 2011 Posted in Computer Fraud and Abuse Act

UPDATE: On October 27, 2011, the Ninth Circuit ordered a rehearing en banc in United States v. Nosal, see discussion here. *** A panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that an employee’s violation of an employer’s computer use policy can support a criminal charge of exceeding authorized access under… Continue Reading

Applying 9th Circuit LVRC v. Brekka Ruling, District Court Dismisses Most CFAA Criminal Charges in United States v. Nosal

By Jeff Neuburger on January 29th, 2010 Posted in Computer Fraud and Abuse Act

UPDATE: As discussed in this blog post, a panel of the U.S. Court of Appeals for the Ninth Circuit overruled the district court in United States v. Nosal (9th Cir. Apr. 28, 2011). ******** The debate over the applicability of the Computer Fraud and Abuse Act in cases of alleged employee disloyalty has yielded quite… Continue Reading

Citing Plain Language of the Computer Fraud and Abuse Act, Ninth Circuit Rules Employee’s Disloyal Act Does Not Terminate Authorization to Access Employer’s Computer

By Jeff Neuburger on September 15th, 2009 Posted in Computer Fraud and Abuse Act

The federal Computer Fraud and Abuse Act, 18 U.S.C. §1030, criminalizes access to a computer that is either "without authorization" or that "exceed[s] authorized access," and provides a civil right of action for violations as well. In the last several years, a split has developed in the federal courts on the question of whether an… Continue Reading