Solicitor General Decides Not To File Petition For Review In United States v. Nosal: Circuit Split On Computer Fraud And Abuse Act Remains

The Solicitor General indicated yesterday that he will not file a petition for a writ of certiorari with the Supreme Court in U.S. v. Nosal.

It was anticipated by some legal commentators that a Supreme Court decision in Nosal may resolve a deepening split between the Circuit Courts regarding the proper interpretation of the statutory language in the Computer Fraud and Abuse Act (CFAA) and its applicability to factual scenarios where employees steal company data in violation of computer usage policies or in breach of their loyalty obligations.

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