Monthly Archives: December 2011
Can You Go to Jail for Lying on Facebook?
During last week’s oral argument before the 9th Circuit Court of Appeals on the case of U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011), reh’g en banc granted (Oct. 27, 2011), members of the Court, including most notably Chief Judge Alex Kozinski, spent a substantial amount of time questioning the government lawyer about whether a Facebook user could be criminally prosecuted (meaning the person would face serious jail time) under the Computer Fraud and Abuse Act (“CFAA”) for lying about their personal information in signing up for a Facebook account. The full oral argument can be viewed at the … [ Continue reading ]
U.S. v. Nosal Re-Argued Before the 9th Circuit
On December 15, 2011, the 9th Circuit Court of Appeals heard argument en banc in U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011), reh’g en banc granted (Oct. 27, 2011). As expected, the oral argument focused on the meaning of unauthorized access under the Computer Fraud and Abuse Act. The issue is whether an employee can be prosecuted under the CFAA for accessing his employer’s computer in violation of rules established by the employer restricting access to the company computers. In Nosal, the 9th Circuit had clarified its earlier decision in LVRC Holdings LLC v. Brekka, 581 F.3d 1127, … [ Continue reading ]
