Business Law
Business Law News 2017, ISSUE 1
Content
- Automated Vehicles: Usdot Issues New Policy on Development and Deployment of Automated Vehicle Technologies
- Bln Editorial Board: Message from the Editor
- Business Law News Editorial Team
- Executive Committee: Message from the Chair
- Executive Committee of the Business Law Section 2016-2017
- How Legal Settlements and Judgments are Taxed
- Nine Key Labor Code Modifications Under California's Fair Pay Act
- Standing Committee Officers of the Business Law Section 2016-2017
- Table of Contents
- The Ninth Circuit's Employee "Password Sharing" Decision Applying the Computer Fraud and Abuse Act
The Ninth Circuit’s Employee "Password Sharing" Decision Applying the Computer Fraud and Abuse Act
Demetri Economou
Demetri Economou is an associate in the Labor & Employment, Data Privacy, and Cybersecurity practice groups of Kane Russell Coleman & Logan PC, Houston, Texas.
On July 5, 2016, the Ninth Circuit Court of Appeals issued an important decision for employers under the Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030, in United States v. Nosal, Nos. 14-10037, 14-10275, 2016 U.S. App. LEXIS 21868 (9th Cir. Dec. 8, 2016) ("Nosal II"). While Nosal II was a criminal case initiated by the U.S. government against a former private-sector employee, the 2-1 decision may be applicable in the civil context in view of the CFAA’s dual civil-criminal application.1
This article includes a brief primer on the CFAA, its application, and its penalties, as well as a review of the Nosal II case and its implications.