Hacker/troll “weev” was charged in the wrong federal court – say The Third US Circuit Court of Appeals

Source: National Cyber Security – Produced By Gregory Evans

A federal appeals court Friday reversed and vacated the conviction and sentence of hacker and Internet troll Andrew “weev” Auernheimer. The case against Auernheimer, who has often been in solitary confinement for obtaining and disclosing personal data of about 140,000 iPad owners from a publicly available AT&T website, was seen as a test case on how far the authorities could go under the Computer Fraud and Abuse Act (CFAA), the same law that federal prosecutors were invoking against Aaron Swartz. Auernheimer was accused of passing along the e-mail addresses to Gawker, which thereafter published the information in redacted form in 2010. Auernheimer was convicted in a New Jersey federal court of a felony under the CFAA for conspiracy to access AT&T’s servers against the company’s will. The government argued that the New Jersey court was a proper venue for the case because 4,500 e-mail addresses were obtained from residents there. The authorities claimed that even if the venue was improper, is should be disregarded because it did “not affect substantial rights.” The court disagreed and suggested that Auernheimer’s home state of Arkansas, where the alleged illegal activity took place, was the proper location for trial Auernheimer’s  helped co-defendant Daniel Spitler […]

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