Andrew "Weev" Auernheimer has had his troubling conviction and sentence under the Computer Fraud and Abuse Act reversed and vacated. The Third US Circuit Court of Appeals announced on Friday [PDF] that Weev's conviction was being vacated due to it being tried in an improper venue, following an appeal by Weev. Weev had been …
Finally some sense!
The clock is ticking on how long it will last unfortunately :(
Re: Finally some sense!
He's been inside long enough to claim remission of sentence.
He may be entitled to a little compensation though.
20 million would be fair I think.
Making large corprations security look rubbish.
Which it was.
(Cautious) Thumbs up for this
This law was definitely misapplied. When a web server is placed on the public internet, one must assume access is authorized unless there is a username or SSL key or something making it clear access is not authorized by default. In this case, they did not bypass some authorization scheme, this site was so insecure it simply didn't have one. (I would think some lesser charge for mishandling this private information may have been possible, but the prosecutors tried to overblow the charges and the consequence is if it blows up in their face the "perp" walks.)
I had a talking to with some authorities circa 1994 -- they felt I had made unauthorized access to a dialup computing system (actually a terminal server -- modem bank hooked to a internet connection). I pointed out there was no username or password, and the system didn't identify itself or indicate access was restricted. I narrowly escape a CFAA charge on that account. They suggested I call them personally for each and every system I wanted to access -- I did ask, "So, there are about 100 web sites now" (remember this was 1994) "and dozens of new ones are coming online *every* week. I should telephone you each time I want to access a new site?" They really didn't have an answer for that 8-)
Re: Definitely misapplied
-- I call them personally for each and every system I wanted to access --
Similar to sailors given Liberty in Hong Kong being told to report the name and address of every foreign wo... national they spoke with -- among other things.
I wonder if that decision affects the legal principle that every patent violation happens in East Texas?
Dag nab it! You beat me to it!
Nations shall speak truth unto nations for peace and prosperity to take root and flourish
"Venue issues are animated in part by the 'danger of allowing the [G]overnment to choose its forum free from any external constraints.' The ever increasing ubiquity of the Internet only amplifies this concern," the Court wrote. "As we progress technologically we must remain mindful that cybercrimes do not happen in some metaphysical location that justifies disregarding constitutional limits on venue."
Oh yes they do happen in some metaphysical location. To suggest otherwise is blatant misinformation and a corrupt perverse and subversive lead to boot.
Why doesn't the rules on double jeopardy apply?
Re: Charged again?
The initial jeopardy has been negated by the ruling that the trial was invalid. But if he's convicted a second time, time already served must be accounted in a new sentence.
"The leak caused huge embarrassment to both AT&T and Apple as the leaked email addresses included those of then–White House Chief of Staff Rahm Emanuel, New York Mayor Michael Bloomberg, film mogul Harvey Weinstein, among others."
I see. The other 113,997 are irrelevant in comparison. Orwell's "some people are more equal than others" was a dig at Communism, but proves increasingly applicable to Capitalism, too, especially in the US.
... especially in the
US developed western nations
Fixed that for you.
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