Most likely. He would at least have leverage to say he just needed proof the exploit worked after he notified AT&T (which he claims he did, but I didn't find any clear evidence he had). Once you download over 100,000 records, your intent becomes a lot clearer in the eyes of the law.

Had he only downloaded a few records, chances are he might get some community service and probation. Also, his stupidity in taking to Reddit to proclaim next time he won't be so nice didn't help either.

I believe from extensive conversations with weev that his intent is and was always to fuck with ATT as much as possible without targeting innocents.

Malicious? Sure. Criminal. Not a chance.

He loves manipulating press and media for his own entertainment. The bigger the number, the bigger of an asshole he makes ATT look like by their not protecting it, and the more anguish he causes their management by damage to their brand and stock price.

A valid effort, I think, as manipulating some shitty corporation's reputation with FACTUAL DATA is one of the least underhanded ways of achieving the goal of "fuck with ATT".

I don't know if it prevented him from going to jail, but I'm sure if he'd behave responsibly there would be no way he'd get 3 years. But then he'd not be him, and the whole matter would be different. The whole point here is that he is him, and if he'd get a slap on the wrist he'd probably just decide he's invincible and nobody could harm him and proceed to do more harmful things with a full sense of impunity.

There are some things he deserves serious punishment for. Some of the things he has done have affected other people directly.

So why do those behaviours escape punishment, while this thing gets a prison sentence?

Because our world is imperfect and justice not always finds the guilty. In this case, his karma finally caught up with him. He was guilty, he behaved like an ass and he got 3.5 years, even though if he didn't he probably would get much less. I can see EFFs point that 3.5 years is too much too, though I personally feel very little sympathy to Auernheimer. If he wises up, he'd be out in less than 2 years probably, if he doesn't, well...