Ninth Circuit Court of Appeals

Déjà Vu Not All Over Again: Ninth Circuit Strengthens CFAA In Nosal II

computer fraud

On July 5, 2016, the Ninth Circuit Court of Appeals issued its highly anticipated decision in the most recent chapter of United States v. Nosal, holding that an individual acts “without authorization” as used in the Computer Fraud and Abuse Act (“CFAA”) when, after his/her own access has been revoked, the individual utilizes legitimate log‑in information of another to access company databases.  This decision has important consequences for organizations as they consider how to implement policy and technical controls on user access to ensure they are protected against unauthorized access under the CFAA.

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