The Ninth Circuit Court of Appeals issued a ruling reversing and remanding the lower court's convinction.
Stanford Center for Internet and Society
In the heart of the Silicon Valley, legal doctrine is emerging that will determine the course of civil rights and technological innovation for decades to come. The Center for Internet and Society (CIS), housed at Stanford Law School and a part of the Law, Science and Technology Program, is at the apex of this evolving area of law.
United States v. McDanel
Stanford CIS will appeal the conviction of a Los Angeles man for notifying the customers of his employer that the company’s computer services were vulnerable to hackers and directing the customers to information on how to repair the vulnerability. The man was convicted under 18 U.S.C. 1030 which makes it a crime to knowingly send information which causes damage to a computer system. The man is currently awaiting sentencing.
Government Moves to Dismiss!
by Jennifer Granick, posted on October 17, 2003 - 2:05pm
The government has moved to dismiss the conviction against McDanel, based on the appellate brief we filed. Here is the motion.
Opening Brief in McDanel Filed
by Jennifer Granick, posted on July 29, 2003 - 9:31am
The Cyberlaw Clinic filed the opening brief in United States v. McDanel today. This Ninth Circuit appeal challenges a man's criminal conviction for informing by email customers of Los Angeles-based Tornado instant messaging company of a security flaw in the company's web mail service in 2000. The prosecution successfully argued that by reporting the flaw, the defendant impaired the security (integrity) of the Tornado system because third parties might be able to use the information to obtain unauthorized access, and caused damage because the company had to respond to customer concerns and improve the web mail security.
San Diego Union-Tribune: Del Mar man on trial in spamming case
by Anonymous, posted on January 1, 2003 - 12:11am
The San Diego Union-Tribune has an article on the case: Del Mar man on trial in spamming case.
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