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Will the High Court Resolve ‘Without Authorization’ Under the CFAA?

Posted on August 25, 2012 by Dissent

Nick Akerman has an article in the upcoming issue of The National Law Journal that begins:

On July 26, the U.S. Court of Appeals for the Fourth Circuit became the first circuit to adopt the Ninth Circuit’s holding in U.S. v. Nosal, 676 F.3d 854 (9th Cir. 2012), that the Computer Fraud and Abuse Act does not apply to employees who steal data from the company computers. WEC Carolina Energy Solutions LLC v. Miller, 2012 WL 3039213 (4th Cir. July 26, 2012). This case places the Fourth and Ninth circuits in direct conflict with the First, Third, Fifth, Seventh, Eighth, and Eleventh circuits, increasing the odds that the U.S. Supreme Court will address this issue at some point.

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