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Re:3rd Circuit vacates Weev's conviction [pdf] by rdl on Friday April 11, 2014 @12:09PM (#7573734)
Does weev get any compensation?

I get that he's now retroactively never been convicted of a felony, but he was in prison focused on protecting his corn bread for a couple years. Clearly this affects his employability, as well as his general happiness, having been deprived of both liberty and safe corn bread for a while.

Civil suit against ATT? Wrongful prosecution against the feds?

Re:3rd Circuit vacates Weev's conviction [pdf] by aroch on Friday April 11, 2014 @12:39PM (#7573933)
AT&T isn't a named party and did not bring the suit. Their civil liability is pretty much zero as far as I understand it.

Wrongful prosecution is, for all intents and purposes, impossible to prove.

Because it was overturned on appeal and the determination was not on the merits (ie. what he did isn't actually illegal) but instead on procedural grounds he loses a bunch of options for remedy.

Re:3rd Circuit vacates Weev's conviction [pdf] by yp_maplist on Friday April 11, 2014 @11:51PM (#7576905)
If he had been convicted would he have also been required to pay for the "damage" done to AT&T's computer?

Isn't there something in the CFAA about having to allege causing damage, measurable in financial terms?

Maybe they did not use that provision?

Surely there must be logical reasons I am overlooking, but I find it peculiar that today technology companies can so easily get federal authorities to bring proceedings on their behalf.

Whether it's the DMCA or the CFAA, these "violations" seem like civil matters to me.

Do they harm the public, or do they just (potentially) harm a business?

I thought this opinion was very clearly written and although it only addresses venue, it does have some precedential value for the future of "CFAA law".

For one, if you plan to rely on improper venue as a defense, stay away from the Second Circuit!

Re:3rd Circuit vacates Weev's conviction [pdf] by grrowl on Sunday April 13, 2014 @03:18AM (#7580569)
> AT&Ts [...] civil liability is pretty much zero as far as I understand it.

This is the most heartbreaking part of the case.

Re:3rd Circuit vacates Weev's conviction [pdf] by eliteraspberrie on Friday April 11, 2014 @03:31PM (#7575017)
People who are wrongfully charged have no recourse, except in the most egregious or best publicized cases. It's even a police tactic to charge someone as a punishment in itself. His best option now is to move on with his life, success will bring him closure.
Re:3rd Circuit vacates Weev's conviction [pdf] by unreal37 on Friday April 11, 2014 @12:53PM (#7574027)
After reading the judgement, seems like the right decision was made to overturn the conviction based on venue.

But compensation? Come on. He would still be convicted of some of the computer hacking charges in other states.

Didn't his co-accused plead guilty to those charges? What happens to him?

Re:3rd Circuit vacates Weev's conviction [pdf] by Nursie on Friday April 11, 2014 @01:07PM (#7574118)
Personally I think that everyone who ever has a conviction overturned should be compensated for all time lost and costs incurred.

Not because the state would be dissuaded from pushing edge-cases but because we, the people, have robbed someone of part of their life. We should make it right.

Re:3rd Circuit vacates Weev's conviction [pdf] by aroch on Friday April 11, 2014 @01:29PM (#7574244)
This wasn't just an overturned verdict, this was a vacation due to process which is different.

Most states offer compensation packages to those wrongly incarcerated. Its usually a percentage of your expected income if you hadn't been put in jail

Re:3rd Circuit vacates Weev's conviction [pdf] by beambot on Friday April 11, 2014 @02:06PM (#7574443)
A percentage!? That doesn't even come close. Perhaps a multiple is more fitting.
Re:3rd Circuit vacates Weev's conviction [pdf] by aroch on Friday April 11, 2014 @02:57PM (#7574742)
A percentage is better than nothing, last time I was curious and looked it was 60-70% of your expected earning up to a max (120K/year IIRC) in my state. You can either take the `deal` so to speak or go to court for your compensation
Re:3rd Circuit vacates Weev's conviction [pdf] by jmathai on Friday April 11, 2014 @02:32PM (#7574596)
1000%
Re:3rd Circuit vacates Weev's conviction [pdf] by bronson on Friday April 11, 2014 @05:36PM (#7575766)
Looking to create a new profession?
Re:3rd Circuit vacates Weev's conviction [pdf] by late2part on Friday April 11, 2014 @03:12PM (#7574857)
This rhymes with vacate:

"An error regarding venue exhibits many of the characteristics of structural error. If the District Court had found venue lacking upon Auernheimer’s motion to dismiss, there would have been no trial in New Jersey at all"

Re:3rd Circuit vacates Weev's conviction [pdf] by sitkack on Friday April 11, 2014 @04:22PM (#7575361)
What about his mistreatment in jail? Just because you are a prisoner doesn't mean they should be able to treat you like shit.
Re:3rd Circuit vacates Weev's conviction [pdf] by jrochkind1 on Saturday April 12, 2014 @02:40PM (#7578706)
They shouldn't be able to, but they are able to, and it aint' just weev. Yes, we should do something about it, for all prisoners.
Re:3rd Circuit vacates Weev's conviction [pdf] by sitkack on Saturday April 12, 2014 @03:03PM (#7578792)
Totally agree.
Re:3rd Circuit vacates Weev's conviction [pdf] by greenyoda on Friday April 11, 2014 @01:25PM (#7574220)
"He would still be convicted of some of the computer hacking charges in other states."

That's hardly a sure bet. The prosecutors would have to convince a completely different jury that a crime had been committed, and that different group of jurors could be far more skeptical.

Re:3rd Circuit vacates Weev's conviction [pdf] by fleitz on Friday April 11, 2014 @01:54PM (#7574370)
Yeah, you should at least get your costs back.
Re:3rd Circuit vacates Weev's conviction [pdf] by eli on Friday April 11, 2014 @12:54PM (#7574031)
He was incarcerated because a Grand Jury thought there was enough evidence to charge him.
Re:3rd Circuit vacates Weev's conviction [pdf] by tptacek on Friday April 11, 2014 @02:05PM (#7574441)
In other words, he exceeded the "ham sandwich" threshold.
Re:3rd Circuit vacates Weev's conviction [pdf] by anseljh on Friday April 11, 2014 @01:00PM (#7574073)
...and because another jury convicted him.
[deleted]
Re:3rd Circuit vacates Weev's conviction [pdf] by rhizome on Friday April 11, 2014 @02:28PM (#7574573)
Maybe the prosecutors were just seeing what they could get away with. Hey, it beats working for a living.
Re:3rd Circuit vacates Weev's conviction [pdf] by DominoTree on Friday April 11, 2014 @03:55PM (#7575194)
As someone who was questioned by the AUSA and FBI in front of that federal grand jury, from the onset of things, the prosecution wasn't interested in finding justice, only in twisting everyone's words as much as necessary to secure an indictment, and later, a conviction.
Re:3rd Circuit vacates Weev's conviction [pdf] by letrerrr on Friday April 11, 2014 @01:23PM (#7574209)
He has it made, expect a multimillion settlement on the dime of the US taxpayer.
Re:3rd Circuit vacates Weev's conviction [pdf] by badman_ting on Friday April 11, 2014 @02:00PM (#7574410)
If that ever comes to pass (nope), perhaps the US taxpayer should have thought twice about prosecuting him.
Re:3rd Circuit vacates Weev's conviction [pdf] by farinasa on Friday April 11, 2014 @03:20PM (#7574905)
Right because we all chose this.
Re:3rd Circuit vacates Weev's conviction [pdf] by badman_ting on Friday April 11, 2014 @03:30PM (#7575010)
I sympathize. That's how I feel about our recent wars, among other things. But I'm paying for them anyway, and will be for the foreseeable future. Sucks.
Re:3rd Circuit vacates Weev's conviction [pdf] by fnordfnordfnord on Friday April 11, 2014 @04:24PM (#7575371)
Probably not. But good for him if he does. Where were you when the USAA's were wasting time / money prosecuting him to start with?