Two earlier decisions shedding light on what constitutes unauthorized access under a federal computer fraud law won’t get a second look from the U.S. Court of Appeals for the Ninth Circuit (United States v. Nosal, 2016 BL 409354, 9th Cir., 14-10275, petition for rehearing denied 12/8/16 and Facebook Inc v. Power Ventures Inc., 9th Cir., No. 13-17102, petition for rehearing denied 12/9/16).

The Ninth Circuit held in United States v. Nosal (Nosal II) that the use of a past colleague’s password to access a former employer’s computers violates the Computer Fraud and Abuse Act.

It held...