Re:“The AT&T Hacker” Sentenced To 41 Months In Prison
by DannyBee on Monday March 18, 2013 @12:58PM
(#5395442)
FWIW: I don't think SCOTUS will bother taking the case if he loses his first appeal.
IAAL :)
Re:“The AT&T Hacker” Sentenced To 41 Months In Prison
by rdl on Monday March 18, 2013 @01:03PM
(#5395482)
So the most likely route for a case like this to SCOTUS would be split circuit? I doubt this is the last CFAA case.
Re:“The AT&T Hacker” Sentenced To 41 Months In Prison
by DannyBee on Monday March 18, 2013 @01:43PM
(#5395806)
Assuming he loses, yes, losing elsewhere and having a circuit split is probably the most likely route.
But who knows, maybe scotus would get bored enough to find it interesting.
I'm betting "no" in part because legislative fixes are being considered right now. If one passes, it would reduce the odds SCOTUS would ever take the case.
While weev himself is highly unsympathetic, his actual "crime" in this case is quite sympathetic -- it was technically trivial and the results were given to the press, vs. used for financial gain (even though they talked about it). So maybe it's not the worst possible test case.
His biggest mistake was not being in the 9th circuit, though.
(IANAL though, of course)