United States Ninth Circuit

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US v. Nosal, 10-10038

In a prosecution that included counts for violations of the Computer Fraud and Abuse Act (CFAA) for aiding and abetting employees in exceeding their authorized access to a company database with intent to defraud, the district court's dismissal of those counts for failure to state an offense is affirmed, where: 1) the phrase “exceeds authorized access” in the CFAA is limited to violations of restrictions on access to information, and not restrictions on its use; and 2) because the defendant's accomplices had permission to access the company database and obtain the information contained within, the government’s charges fail to meet the element of "without authorization, or exceeds authorized access" under the CFAA.

Appellate Information

  • Decided 04/10/2012
  • Published 04/10/2012

Judges

  • Kozinski

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Jenny C. Ellickson, Ted Sampsell Jones