By: Benjamin Kweskin
U.S. v. Nosal, a decision from the U.S. Court of Appeals for the Ninth Circuit, expanded the scope of the Computer Fraud and Abuse Act. The broadness of the Court’s holding could make ubiquitous acts, like consensual password sharing, a criminal activity. This paper weighs the merits of that fear, as raised by the dissenting opinion, and offers improvements to the Computer Fraud and Abuse Act to clarify the law’s intent.
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