Friday, April 11, 2014

BREAKING: Third Circuit vacates conviction in United States v. Auernheimer due to improper venue

The United States Court of Appeals for the Third Circuit has just announced that the conviction of Andrew Auernheimer (known by many as Weev) has been reversed on venue grounds.

The opinion states (emphasis added):

This case calls upon us to determine whether venue for  Andrew Auernheimer’s prosecution for conspiracy to violate  the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030, and identity fraud under 18 U.S.C. § 1028(a)(7) was proper in the District of New Jersey. Venue in criminal cases is more than a technicality; it involves “matters that touch closely the fair administration of criminal justice and public confidence in it.” United States v. Johnson, 323 U.S. 273, 276 (1944). This is especially true of computer crimes in the era of mass interconnectivity. Because we conclude  that venue did not lie in New Jersey, we will reverse the District Court’s venue determination and vacate Auernheimer’s  conviction.
More to come. . . 


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