Liability Under Computer Fraud and Abuse Act For Violating Computer Use Policies Gains Momentum In Ninth Circuit

The Ninth Circuit’s important U.S. v. Nosal decision is gaining momentum. On September 14, 2011, a California district court in Facebook v. MaxBounty, the Honorable Jeremy Fogel, presiding, became one of the first courts to apply Nosal, reaffirming that the violation of computer use policies constitutes “exceeding authorized access” under the Computer Fraud and Abuse Act (CFAA). In doing so, Facebook arguably reinforced the legal protections for employers against employees who steal or remove electronic files or data in violation of their employers’ written computer-use restrictions.

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