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U.S. v. NOSAL

Nos. 14-10037, 14-10275.

828 F.3d 865 (2016)

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

United States Court of Appeals, Ninth Circuit.

Filed July 5, 2016.

Attorney(s) appearing for the Case

Dennis P. Riordan (argued) and Donald M. Horgan , Riordan & Horgan, San Francisco, California; Ted Sampsell-Jones , William Mitchell College of Law, St. Paul, Minnesota; for Defendant-Appellant.

Jenny C. Ellickson (argued), Trial Attorney, Criminal Division, Appellate Section; Leslie R. Caldwell , Assistant Attorney General; Sung-Hee Suh , Deputy Assistant Attorney General; United States Department of Justice, Washington, D.C.; Barbara J. Valliere , Assistant United States Attorney, Chief, Appellate Division; Kyle F. Waldinger and Matthew A. Parrella , Assistant United States Attorneys; United States Attorney's Office, San Francisco, California; for Plaintiff-Appellee.

Jamie Williams , San Francisco, California, for Amicus Curiae Electronic Frontier Foundation.

Martin Hansen , Covington & Burling, Washington, D.C.; Simon J. Frankel and Matthew D. Kellogg , Convington & Burling, San Francisco, California, for Amicus Curiae BSA | The Software Alliance.

David Nied , Keenan W. Ng and Michael S. Dorsi , Ad Astra Law Group, San Francisco, California, for Amicus Curiae Novel-Poster.

Dissent by Judge Reinhardt

OPINION

This is the second time we consider the scope of the Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030, with respect to David Nosal. The CFAA imposes criminal penalties on whoever "knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized...

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