Shared passwords and the Computer Fraud and Abuse Act

Orin Kerr writes:

Next week, a panel of the Ninth Circuit Court of Appeals (Thomas, Reinhardt, and McKeown) will hear oral argument in the second round of United States v. Nosal. This time around, the main question in the case is whether and when accessing an account using a shared password is an unauthorized access under the Computer Fraud and Abuse Act. A second question is how to interpret Nosal I, the en banc decision from 2012, and in particular whether it required circumventing a technical access barrier.

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