United States Ninth Circuit

In an action claiming that defendant violated the Computer Fraud and Abuse Act (CFAA) by accessing plaintiff's computer without authorization, both while defendant was employed by plaintiff and after he left the company, summary judgment for defendant is affirmed where: 1) defendant was authorized to use plaintiff's computers while he was employed by plaintiff, and thus he did not access a computer "without authorization" in violation of the applicable statutes when he emailed documents to himself and to his wife prior to leaving employment; and 2) plaintiff failed to establish the existence of a genuine issue of material fact as to whether defendant accessed plaintiff's website without authorization after he left the company.

Appellate Information

• Argued 03/13/2009
• Decided 09/15/2009
• Published 09/15/2009

Judges

• IKUTA, Circuit Judge:, Before: M. MARGARET McKEOWN and SANDRA S. IKUTA, Circuit Judges, and JAMES V. SELNA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas G. Grace, Las Vegas, NV, for the plaintiff-appellant.


• For Appellees:
  
• Norman H. Kirshman, Las Vegas, NV, for the defendant-appellees.