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- The Ninth Circuit has just handed down its long-awaited en banc decision in United States v. Nosal, the case I’ve blogged a lot about involving the scope of the Computer Fraud and Abuse Act and whether violating employee restrictions on workplace computer use is a federal crime. The opinion by Chief Judge Kozinski is a huge victory for those of us who have urged the courts to adopt a narrow construction of the CFAA. Chief Judge Kozinski’s analysis essentially adopts the argument we made in the Lori Drew case (and that I pushed in two articles) that “exceeds authorized access” has to be interpreted narrowly to avoid turning the CFAA into the statute that inadvertently criminalizes a tremendous scope of innocuous activity.