Federal anti-hacking prosecutions reined in by appeals court ruling

http://www.insidebayarea.com/bay-area-news/ci_20364425/federal-anti-hacking-prosecutions-reined-by-appeals-court

Warning that merely looking up sports scores or online dating services at work could lead to a prison cell, a federal appeals court on Tuesday reined in the federal government's power to prosecute employees who stray from their bosses' rules on using company computers.

In a case against a Danville man, the 9th U.S. Circuit Court of Appeals found the Justice Department had gone too far in enforcing a nearly 30-year-old computer hacking law, expressing concern that on-the-job "minor dalliances" with Facebook and Google "would become federal crimes."

The 9th Circuit, in its 9-to-2 ruling, limited the scope of the 1984 Computer Fraud and Abuse Act, saying it cannot be used to prosecute someone simply for the unauthorized use of information on their workplace computers. The decision sets up a possible showdown in the U.S. Supreme Court because federal courts around the country have ruled otherwise.

The case has been closely watched by digital civil liberties groups, which have warned that prosecutors can bring criminal charges for violating routine corporate rules on the use of work computers. Redwood City-based Oracle, however, sided with the government in the appeal, saying in court papers that the anti-hacking law may be needed to punish employees who steal inside information.

But the court majority clearly was concerned that a heavy hand could slap cuffs on minor offenders.