"This is not an esoteric concept," Silverman wrote. "A bank teller is entitled to access a bank's money for legitimate banking purposes, but not to take the bank's money for himself." Similarly, while a new car buyer might be entitled to test drive a new car, he would "exceed his authority" to take the car to Mexico. "No other circuit that has considered this statute finds the problems that the majority does," he wrote.

Jaikumar Vijayan covers data security and privacy issues, financial services security and e-voting for Computerworld. Follow Jaikumar on Twitter at or subscribe to . His e-mail address is .

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