This would make criminals of large groups of people who would have little reason to suspect they are committing a federal crime. While ignorance of the law is no excuse, we can properly be skeptical as to whether Congress, in 1984, meant to criminalize conduct beyond that which is inherently wrongful, such as breaking into a computer.Rather, the en banc decision stated, “If Congress wants to incorporate misappropriation liability into the CFAA, it must speak more clearly.” The court bolstered its determination by noting it also is supported by the rule that courts will “construe a statute as displacing a substantial portion of the common law only where Congress has clearly indicated its intent to do so.” Thus, because Nosal's accomplices had permission to access the company database and obtain the information within, the CFAA charges failed to meet the “without authorization, or exceeds authorized access” element and were properly dismissed. However, the en banc decision held, significantly, that its construction of “exceeds authorized access” would apply to all uses of that term in the statute, noting that the phrase appears five times in the first seven subsections. In doing so, it rejected the government’s suggestion that the interpretation would apply only to the provision Nosal was charged with violating, which involved knowingly accessing a computer in excess of authorization with intent to defraud and thereby furthering the fraud and obtaining something of value. The court also noted that its decision departed from broader interpretations of “exceeds authorized access” adopted by the Fifth, Seventh, and Eleventh Circuits, which the en banc Ninth Circuit urged to reconsider their approach. This split among the Circuits makes it more likely that the Supreme Court would agree to review the Nosal decision, making it an important case to watch as the time for the government to seek such review begins to wind down.