en banc decision in United States v. Nosal, 676 F.3d 854 (9th Cir. 2012) lays this all out and I refer the curious to it. Essentially, the court, in accordance with the majority of District Courts in the Eastern District of Pennsylvania, agreed with the reasoning in Nosal and rejected the plaintiff’s argument that the broad theory of exceeding authorized access under the CFAA should apply. Here’s the decision: DRESSER-RAND COMPANY, Plainti~_1]]]]