In which someone should HIRE ME as a full-time CYBERCRIME ANALYST
UPDATE: Looks like "Greatest American Hero" costume contest runner-up David Kernell will be getting a delayed trial date. Both sides of the case agreed that more time was necessary to allow experts to conduct proper analysis of the relevant hardware and software. Kernell himself was questioned by the judge and presented no objections to the move, which will be moved from December 16th to a currently unspecified later date.
(As usual, knoxnews.com's user comments hurt my brain.)
Accused Palin email "hacker" David Kernell's counsel Wade Davies came out swinging on the charges against his client on October 27th*, filing both a motion to dismiss and an accompanying memo (both .pdfs) which attempts to break down the motion into relatively plain English.
According to Davies' 23-page memo, Kernell is charged with violations of 18 USC 1030(a)(2) and 18 USC 1030(c)(2)(B)(ii). These are both generally misdemeanors, but when one of these misdemeanors is used to further another crime, they can be bundled as a package deal and evolve into a felony. It's like legalese Pokemon - "Litigator, I choose you!"
However, Davies refutes this maneuver, claiming in the memo that the DoJ is acting improperly by using circular logic in violation of their own computer crime prosecution regulations:
A hearing to address Davies' motions is scheduled for Friday, Nov. 14.
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* Yeah, I should have gotten my hands on these sooner. Bad freelancer!
(As usual, knoxnews.com's user comments hurt my brain.)
Accused Palin email "hacker" David Kernell's counsel Wade Davies came out swinging on the charges against his client on October 27th*, filing both a motion to dismiss and an accompanying memo (both .pdfs) which attempts to break down the motion into relatively plain English.
According to Davies' 23-page memo, Kernell is charged with violations of 18 USC 1030(a)(2) and 18 USC 1030(c)(2)(B)(ii). These are both generally misdemeanors, but when one of these misdemeanors is used to further another crime, they can be bundled as a package deal and evolve into a felony. It's like legalese Pokemon - "Litigator, I choose you!"
However, Davies refutes this maneuver, claiming in the memo that the DoJ is acting improperly by using circular logic in violation of their own computer crime prosecution regulations:
"Fortunately, the Department of Justice's own manual on prosecuting computer crimes confirms that the criminal or tortious act used to enhance a penalty must be a separate act: 'Naturally, the 'in furtherance of any criminal or tortious act' language means an act other than the unlawful access to stored communications itself.' Computer Crime & Intellectual Property Section, U.S. Dep't of Justice, Prosecuting Computer Crimes 82 (Feb. 2007)"(The link in the blockquote above is referenced in the text of the memo.)
Additionally, Davies is citing what I'm coining as the Prince Defense in regard to whether or not Kernell's activities constitute "hacking". Feel free to send a hat tip my way any time, Satterfield.
A hearing to address Davies' motions is scheduled for Friday, Nov. 14.
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* Yeah, I should have gotten my hands on these sooner. Bad freelancer!
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