Many of us have been hopeful that with the deep split in the circuits (the 4th and 9th with their narrow interpretation versus the 1st, 5th, 7th, 11th, with their broad interpretation) on the reach of the Computer Fraud and Abuse Act, the Supreme Court would accept the certiorari petition from the Fourth Ciruit’s decision in WEC Carolina Energy Solutions LLC v. Miller.
Sadly, the Supreme Court did not. On January 2, 2013, the Supreme Court dismissed the cert petition: WEC Carolina Energy Solutions LLC. v. Miller, 2013 WL 28079 (2013). As Robert Milligan notes, the reason for the Court’s dismissal was based on the parties’ stipulation withdrawing their petition.
Well, hopefully one of the Circuits that has not weighed in yet will do so soon, and we’ll all get a second chance for a successful cert petition to the Supreme Court.