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*The Honorable Tena Campbell, Senior United States District Judge for
the District of Utah, sitting by designation.
5517
5520 UNITED STATES v. NOSAL
COUNSEL
OPINION
1
Unless otherwise noted, all statutory references refer to Title 18 of the
United States Code.
UNITED STATES v. NOSAL 5521
purpose of defrauding their employer and helping Nosal set
up a competing business.
BACKGROUND
II
STANDARD OF REVIEW
DISCUSSION
[2] Although the statute does not define the phrase “with-
out authorization,” it does state that “exceeds authorized
access” means “to access a computer with authorization and
to use such access to obtain or alter information in the com-
puter that the accesser is not entitled so to obtain or alter.” Id.
§ 1030(e)(6) (emphasis added).
For all of the foregoing reasons, we now join our sister cir-
cuits.
IV
CONCLUSION
DEFINITENESS
STATUTORY CONSTRUCTION