Case library · Sticky Fingers
Their Own Passwords
United States v. Nosal (2012)
Charge: Computer fraud: exceeding authorised access to a computerCourt: U.S. Court of Appeals, Ninth Circuit (en banc)State: CaliforniaDocket: Sticky Fingers
The facts
A recruiter left an executive search firm to set up a rival. He got former colleagues still at the firm to log into its confidential database, pull out candidate lists and contact details, and pass them to him. The colleagues used their own valid passwords and were allowed to open that database for their work. What they broke was a company policy saying the data was for the firm's business only. The recruiter was charged under a federal computer-fraud law with getting others to 'exceed authorised access'. Does breaking a use policy count?
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: United States v. Nosal, 676 F.3d 854 (9th Cir. 2012) (en banc)
Read more at courtlistener.com. The source reveals the outcome.