Ninth Circuit Grants Rehearing En Banc in United States v. Nosal

(Orin Kerr)

I've blogged a few times about the recent Ninth Circuit decision in United States v. Nosal, which held that "an employee accesses a computer in excess of his or her authorization [in violation of 18 U.S.C. 1030] when that access violates the employer's access restrictions, which may include restrictions on the employee's use of the computer or of the information contained in that computer." My most recent post on Nosal linked to the petition for rehearing and expressed the hope that the Ninth Circuit would grant it.

I'm pleased to report that the Ninth Circuit today granted the petition for rehearing. This is promising news for those of us who have worried about the remarkable overbreadth of the Computer Fraud and Abuse Act. As always, stay tuned.