Finally some sense!
The clock is ticking on how long it will last unfortunately :(
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 …
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-)
"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."
Dear Court,
Oh yes they do happen in some metaphysical location. To suggest otherwise is blatant misinformation and a corrupt perverse and subversive lead to boot.
"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.