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Abstract

Part I of this Comment begins by tracking the CFAA’s evolution in the Ninth Circuit as applied in the internet realm. Part II examines the Nosal decision and whether the court properly applied it in Craigslist. Part II also examines the implications for web start-ups seeking to exploit existing, publicly available data if the Northern District eventually holds against 3Taps Inc. at trial or on summary judgment. Finally, Part III proposes a statutory solution that creates a safe harbor within the CFAA for users accessing public computer systems, effectively removing these defendants from the purview of the CFAA. This Comment focuses on developments principally in the Ninth Circuit, as California web companies are perhaps most poised to litigate these types of issues.

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