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Third Circuit District Court Follows U.S. v. Nosal in Narrow Interpretation of Exceeding Authorized Access Under the CFAA

en banc decision in United States v. Nosal, 676 F.3d 854 (9th Cir. 2012) lays this all out and I refer the curious to it.  Essentially, the court, in accordance with the majority of District Courts in the Eastern District of Pennsylvania, agreed with the reasoning in Nosal and rejected the plaintiff’s argument that the broad theory of exceeding authorized access under the CFAA should apply. Here’s the decision:  DRESSER-RAND COMPANY, Plainti~_1]]]]> ]]>

Road to Nowhere

In Liminae: The Road to Nowhere

It takes us about six hours to drive to the rural state jail (that’s owned by two judges) the Feds contracted with to hold our client. Accused of computer crimes, he can’t effectively review evidence in jail – there’s no practical access to computers in the gulag. They’ve seized all his assets claiming they’re the ill-gotten gains of crimes the government can’t identify, and their computer forensics – if you can call them that – have no scientific basis and are full of basic errors and typos. In my decade as a federal criminal defense lawyer doing computer cases across the country, I’ve never come across a case where the government was so completely off.

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Guilty Until Proven Innocent

A defendant’s view from the trenches of federal criminal court This post is originally published to Substack. You can read and follow us there.

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