DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Ninth Circuit Holds That Violating Any Employer Restriction on Computer Use “Exceeds Authorized Access” (Making It a Federal Crime)

Posted on April 29, 2011 by Dissent

Orin Kerr writes:

I had though the world was safe from the nuttiness of the Justice Department’s broad theories of the Computer Fraud and Abuse Act in the Lori Drew case. Not so. Readers may recall I once blogged about a similar case, United States v. Nosal, that raised similar issues in the context of an employee who breached his employer’s written restrictions on computer use. What I didn’t realize is that DOJ appealed a district court’s order in Nosal and brought the issue to the Ninth Circuit.

In a divided opinion today by Judge Trott, joined by Judge O’Scannlain, United States v. Nosal, the Ninth Circuit held that “an employee ‘exceeds authorized access’ under § 1030 when he or she violates the employer’s computer access restrictions — including use restrictions.”

Read more on The Volokh Conspiracy.

Category: Commentaries and AnalysesFederalLegislation

Post navigation

← Ie: TCD reports data breach
Omnicare notifies almost 9,000 that their Social Security numbers and protected health information were on a stolen laptop →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Ex-NSA bad-guy hunter listened to Scattered Spider’s fake help-desk calls: ‘Those guys are good’
  • Former Sussex Police officer facing trial for rape charged with 18 further offences relating to computer misuse
  • Beach mansion, Benz and Bitcoin worth $4.5m seized from League of Legends hacker Shane Stephen Duffy
  • Fresno County fell victim to $1.6M phishing scam in 2020. One suspected has been arrested, another has been indicted.
  • Ransomware Attack on ADP Partner Exposes Broadcom Employee Data
  • Anne Arundel ransomware attack compromised confidential health data, county says
  • Australian national known as “DR32” sentenced in U.S. federal court
  • Alabama Man Sentenced to 14 Months in Connection with Securities and Exchange Commission X Hack that Spiked Bitcoin Prices
  • Japan enacts new Active Cyberdefense Law allowing for offensive cyber operations
  • Breachforums Boss “Pompompurin” to Pay $700k in Healthcare Breach

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Drugmaker Regeneron to acquire 23andMe out of bankruptcy
  • Massachusetts Senate Committee Approves Robust Comprehensive Privacy Law
  • Montana Becomes First State to Close the Law Enforcement Data Broker Loophole
  • Privacy enforcement under Andrew Ferguson’s FTC
  • “We would be less confidential than Google” – Proton threatens to quit Switzerland over new surveillance law
  • CFPB Quietly Kills Rule to Shield Americans From Data Brokers
  • South Korea fines Temu for data protection violations

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.