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U.S. v. NOSAL

No. 10-10038.

676 F.3d 854 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. David NOSAL, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 10, 2012.

Attorney(s) appearing for the Case

Jenny C. Ellickson (argued), Lanny A. Breuer , Jaikumar Ramaswamy , Scott N. Schools , Kyle Francis Waldinger , United States Department of Justice, San Francisco, CA, for the plaintiff-appellant.

Ted Sampsell Jones (argued), Dennis P. Riordan , Donald M. Horgan , Riordan & Horgan, San Francisco, CA, for the defendant-appellee.

Kathryn M. Davis , Law Office of Kathryn M. Davis, Pasadena, CA, filed a brief on behalf of amicus curiae En Pointe Technologies, Inc., in support of the plaintiff-appellant.

Geoffrey M. Howard , David B. Salmons , Bryan M. Killian , Bingham McCutchen , LLP, San Francisco, CA, filed a brief on behalf of amicus curiae Oracle America Inc., in support of the plaintiff-appellant.

Kenneth M. Stern , Law Offices of Kenneth M. Stern, Woodland Hills, CA, filed a brief in support of the plaintiff-appellant.

Marcia Hofmann , Electronic Frontier Foundation, San Francisco, CA, filed a brief on behalf of amicus curiae Electronic Frontier Foundation in support of the defendant-appellee.

Opinion by Chief Judge KOZINSKI; Dissent by Judge SILVERMAN.

OPINION

KOZINSKI, Chief Judge:

Computers have become an indispensable part of our daily lives. We use them for work; we use them for play. Sometimes we use them for play at work. Many employers have adopted policies prohibiting the use of work computers for nonbusiness purposes. Does an employee who violates such a policy commit a federal crime? How about someone who violates the terms of service of a social...

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