divide federal appeal court tuesday give u.s. department justice broad leeway police password theft 1984 anti-hacking law uphold conviction former korn/ferry international executive steal confidential client data 9th u.s. circuit court appeal san francisco say david nosal violate computer fraud abuse act 2005 two friends also leave korn/ferry use employee password access recruit firm computers obtain information help start new firm write 2-1 majority circuit judge margaret mckeown say nosal act without authorization even though employee former secretary voluntarily provide password defendant work independent contractor korn/ferry nosal friends previously log-in credentials revoke nosal case closely watch digital privacy group worry could make easy prosecute people ordinary password share husband log wife facebook account credentials permission court criminalize conduct ordinary americans every day online jamie williams lawyer electronic frontier foundation support overturn nosal conviction say interview dennis riordan lawyer nosal say statement ask 11-judge appeal court panel review decision spokesman justice department decline comment nosal appeal april 2013 jury conviction one-year prison sentence violate cfaa trade secret theft economic espionage act appeal court tuesday uphold nosal conviction eea also order recalculation 827,983 restitution korn/ferry reconsider legal fee component circuit judge stephen reinhardt dissent say majority reason could cover share passwords devices smartphones laptops ipads transform millions people engage ubiquitous useful generally harmless conduct unwitting federal criminals mckeown however say approach ignore reality could enable criminals escape prosecution find oblige employees will willy-nilly give passwords appeal court april 2012 dismiss count accuse nosal cfaa violations case u.s. v. nosal 9th u.s. circuit court appeal 14-10037. u.s. appeal court uphold conviction share password