SAN FRANCISCO — Ruling in a case that tested the boundaries of the Computer Fraud and Abuse Act, a divided panel of the U.S. Court of Appeals for the Ninth Circuit on Tuesday upheld the conviction of former Korn/Ferry International recruiter David Nosal.
Circuit Judge M. Margaret McKeown found that Nosal had knowingly and intentionally accessed a Korn/Ferry computer “without authorization” by downloading information with a password that belonged to a current employee. McKeown, who was joined by Chief Judge Sidney Thomas, was not persuaded by defense arguments that the case amounted to criminalization of password sharing.
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