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LIRA@BC Law

Abstract

On April 10, 2012, in United States v. Nosal, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that the Computer Fraud and Abuse Act (“CFAA”) assigns criminal liability only in instances of hacking, not of misappropriation. In reaching this conclusion, the court engendered a split with two other circuits, which had previously held that the CFAA encompasses misappropriation as well as hacking. This Comment argues that, although the Ninth Circuit correctly excluded misappropriation from the CFAA’s ambit, the court’s rationale overlooked a more compelling policy consideration favoring the narrow interpretation: the potential disruption that a broad interpretation of the CFAA could cause within trade secret law.

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File nameDate UploadedVisibilityFile size
10_Trombly.pdf
7 Sep 2022
Public
185 kB

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Metadata

  • Subject
    • Criminal Law

    • Internet Law

    • Science and Technology Law

  • Journal title
    • Boston College Law Review

  • Volume
    • 54

  • Issue
    • 6

  • Pagination
    • E. Supp. 129

  • Date submitted

    7 September 2022