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Ninth Circuit Adopts a Narrow Interpretation of Computer Fraud and Abuse Act (volokh.com)
67 points by jalanco on April 10, 2012 | hide | past | favorite | 5 comments



Chief Judge Kozinski: "[W]e hold that the phrase 'exceeds authorized access' in the CFAA does not extend to violations of use restrictions."


Ruling makes sense. Your employer should not be able to threaten you with jail time for viewing YouTube videos.


It will be interesting to see if, or how, this ruling affects similar cases tried in other circuit courts, since as the author points out this ruling is in contrast to the precedent set in cases ruled on by other circuits. I wonder if we'll see this one on the docket of the Supreme Court of the US in the coming years, due to the disagreement between circuits, especially since prosecutors also cite this law in criminal cases regarding Terms of Service violations.

I applaud Judge Kozinski's opinion.


A minor bit of pedantry, but cases ruled in one circuit do not set precedent for cases ruled in another circuit. They only set precedent within their own circuit. Because different precedents have now been set in different circuits, it is possible that a case may go to the supreme court (which would then set precedent for all of the courts in the land).


Ninth Circuit Pro Se, Erin Baldwin, Demands Action By Chief Judge Alex Kozinski Journalist, Erin Baldwin, sought justice for violations of her constitutional rights via a Section 1983 Complaint filed in the 9th Circuit in August, 2011. Instead of justice, she's experienced continuing violations and overt discrimination. http://www.prlog.org/11848198-ninth-circuit-pro-se-erin-bald...




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