After spending over a year in a federal correctional institution, “Weev” Auernheimer’s conviction has been vacated by an appeals court. The U.S. government may try him again and critics of his prosecution hope Auernheimer’s plight will underscore the need to put an end to the Computer Fraud and Abuse Act.
Internet activist Aaron Swartz was facing up to 13 felony counts and 50 years in prison at the time of his death. His alleged crime? Pulling millions of academic articles from JSTOR. Swartz’s downloads were criminalized under the federal CFAA, an act designed to prosecute hackers. But as his case demonstrates, you don’t necessarily have to be a hacker to be viewed as one by federal law.