The Digital Quandary Continues: Jury Convicts Executive Recruiter of Trade Secret Theft and Computer Fraud after Crucial Computer Fraud and Abuse Act Trial.
Following a two-week trial before United States District Judge Edward M. Chen in the United States District Court of Northern California, a jury convicted David Nosal, an executive recruiter, of all charges in a six-count indictment including, inter alia, violations of the Computer Fraud and Abuse Act (“CFAA”) and trade secret theft. United States v. Nosal, No. CR-08-0237 EMC (N.D. Cal. Apr. 24, 2013). This case illustrates that despite the Ninth Circuit’s narrow reading of the CFAA, the appropriate scope and interpretation of the terms “without authorization” and “exceeds authorized access” remains unsettled.
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