Circuit Split Watch: Is personal use of a work computer a federal crime?

, The National Law Journal


Could the Computer Fraud and Abuse Act be used to "turn ordinary citizens into criminals"? Or is this fear based on "far-fetched" and "wacky" hypotheticals? Those were the divergent views of the majority and the dissent in United States v. Nosal, a recent 9-2 decision of the U.S. Court of Appeals for the 9th Circuit, sitting en banc. Chief Judge Alex Kozinski, writing for the majority, acknowledged that its reading of the CFAA splits from other federal appellate court decisions. A petition for certiorari could be filed this summer.

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