This guest post was contributed by a blog alumna, and a newly graduated Southwestern juris doctor, who notes that she would have weighed in on this topic sooner, except she was studying and sitting for the most recent California Bar exam.
The Internet went into a tizzy early last month when United States v. Nosal came down from the U.S. Ninth Circuit Court of Appeals. Blog after blog (after blog) proclaimed that this opinion made it illegal to use another person’s Netflix account. Earlier this year, this blog posted on this topic so how did the situation change?
Bottom line: the court found that defendant David Nosal violated the Computer Fraud and Abuse Act (CFAA) when he used a former co-worker’s password to access trade-secret information belonging to Korn Ferry, an executive recruiting and human relations company that also was his former employer. He then took this information and used it to set up his own firm in direct competition to Korn Ferry. This would lend credence to the idea that mere password-sharing is illegal.
But it is important to remember that the court made a distinction, differentiating according to the situation. “The circumstance here – former employees whose computer access was categorically revoked and who surreptitiously accessed data owned by their former employer – bears little resemblance to asking a spouse to log into an email account to print a boarding pass,” the appellate judges said. (more…)