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Full Article Mars rover sends home first color photo Botched Russian launch junks two telecom satellites Failed Alzheimer's drug may get second chance Follow Reuters Facebook Twitter RSS YouTube Read Standard Chartered begins fightback on Iran allegations | 5:43pm EDT Wisconsin Sikh temple gunman killed himself: FBI 3:04pm EDT Mars rover Curiosity sends home first color photo | 2:01pm EDT Obama's lead over Romney grows despite voters' pessimism 3:55pm EDT Romney opens attack on Obama over welfare law 07 Aug 2012 Discussed 225 Exclusive: Obama authorizes secret U.S. support for Syrian rebels 170 Obama urges ”soul searching” on ways to reduce gun violence 108 Chick-fil-A faces ”kiss-in” protest in gay marriage flap Sponsored Links Pictures Reuters Photojournalism Our day's top images, in-depth photo essays and offbeat slices of life. See the best of Reuters photography. See more | Photo caption Battle for Syria The battle for Syria's biggest city, Aleppo. 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Slideshow U.S. will not challenge computer fraud case to high court Tweet Share this Email Print Related News Key U.S. informant Khan testifies at insider trial Mon, Aug 6 2012 Appeals court blocks Arizona's new late-term abortion ban Wed, Aug 1 2012 Analysis: Critics assail 1980s-era hacking law as out of step Mon, Jul 30 2012 UK PM's ex-media boss, friend to face charges for hacking Tue, Jul 24 2012 Analysis: Rivals on left, right battle in Supreme Court Fri, Jul 13 2012 Analysis & Opinion Shell: Alien Tort Statute not meant for international human rights The Stoker verdict and Citi’s settlement with the SEC Related Topics Tech » By Grant McCool NEW YORK | Wed Aug 8, 2012 3:07pm EDT NEW YORK (Reuters) - The government has decided not to ask the U.S. Supreme Court to review a divided appeals court ruling in a criminal case that drew attention to a 28-year-old computer hacking law that critics argue is being used too broadly. The decision means that a 9-to-2 ruling by the 9th U.S. Circuit Court of Appeals dismissing criminal charges against a defendant accused of illegally downloading confidential data from his employer will stand. The appeals court ruled in April that the defendant in that case could not face charges under the Computer Fraud and Abuse Act (CFAA). The 9th Circuit ruling had been suspended to give the U.S. Department of Justice until August 8 to consider petitioning the Supreme Court to review the case. In a filing last Thursday, prosecutors said "the Solicitor General will not file a petition" to the high court to take up the matter. No reason was given. The ruling stemmed from the prosecution of David Nosal, a former managing director at executive search firm Korn/Ferry International. Nosal was indicted in 2008 over allegations he persuaded colleagues to download confidential source lists and contact information from the firm to use at his new business. Three of Nosal's co-defendants pleaded guilty to CFAA violations. But Nosal fought the charges, arguing that he and his colleagues had been authorized to access Korn/Ferry's database. The majority of the appeals court supported Nosal's argument and dismissed the CFAA charges against him. Civil liberties advocates have also supported those arguments, saying that the anti-hacking law can potentially criminalize activity that should be dealt with privately between employers and their employees. Nosal's lawyer, Steven Gruel, said on Wednesday that his client "looks forward to clearing his name of the few remaining charges in court." Nosal still faces separate charges of trade secrets theft in U.S. District Court in San Francisco. The charges carry a maximum possible prison term of 15 years. The office of U.S. Solicitor General Donald Verrilli, did not respond to requests for a comment. The case is USA v David Nosal in the 9th U.S. Circuit Court of Appeals 10-10038 (Reporting By Grant McCool; Editing by Maureen Bavdek) Tech Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (0) Be the first to comment on reuters.com. Add yours using the box above. 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