Any ruling of the ninth circuit is automatically suspect.
Just sayin’
"The case centered on the prosecution of David Nosal, an executive at Korn/Ferry International, a corporate recruiting firm. Federal prosecutors alleged that Nosal and co-workers illegally foraged into the company's database to secure information to establish a rival company, charging him with trade secrets theft and violations of the anti-hacking law.
"The charges under the anti-hacking law became the focus of a legal showdown that may have wide implications for such prosecutions.
"Nosal's lawyers, backed by the Electronic Frontier Foundation, argue that employees should not face criminal prosecution under anti-hacking statutes when they have a right to use their company computers, but violate corporate policy on the type of information that can be accessed on those computers. They insist such a broad reading of the law could expose employees to criminal investigations for routine violations of corporate computer use policies, and the 9th Circuit agreed.
"Justice Department lawyers argued that there is no such risk, arguing that Nosal was prosecuted only because he was accused of using his workplace computer to steal his employer's secrets."