US v. Nosal

Brief of Amicus Curiae Electronic Frontier Foundation Supporting The Appellee and Urging Affirmance

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EFF urged a federal appeals court to dismiss charges that would turn any employee use of company computers in violation of corporate policy into a federal crime.

In U.S. v. Nosal, an ex-employee is being prosecuted on the claim that he induced current company employees to use their legitimate credentials to access the company's proprietary database and provide him with information, in violation of corporate computer-use policy. The government claims that the violation of this private policy constitutes a violation of the Computer Fraud and Abuse Act (CFAA). Following a decision issued just last year by the U.S. Court of Appeals for the 9th Circuit, the District Court ruled against the government, holding that violations of corporate policy are not equivalent to violations of federal computer crime law. The government appealed to the 9th Circuit.

In an amicus brief filed in the case, EFF argues that turning mere violations of company policies into computer crimes could potentially create a massive expansion of the CFAA, turning millions of law-abiding workers into criminals.

Please see full amicus brief below for more information.

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Published In: Business Organization Updates, Criminal Law Updates, Labor & Employment Updates, Privacy Updates, Science, Computers & Technology Updates

Reference Info:Appellate Brief | Federal, 9th Circuit | United States