INTELLECTUAL PROPERTY CLIENT ALERT: Ninth Circuit Gives a Narrow Interpretation of What Constitutes a Violation of the Computer Fraud and Abuse Act

    11 April 2012
    On March 22, 2012, Patton Boggs LLP posted a client alert (available here) on the anti-hacking Computer Fraud and Abuse Act (CFAA), discussing that different federal courts were split on whether the CFAA imposes liability on employees who have permission to access computerized information but use the permitted access for an improper purpose. One of the cases discussed in that alert was United States v. Nosal, 642 F.3d 781 (9th Cir. 2011), a panel decision holding that employees who properly access information but then use the information contrary to the employer’s policies or against the employer’s interests “exceeds authorized access” and violates the CFAA.