United States v. Favio Gasperini: The Click-fraud Botnet Case
The Court affirmed defendant's conviction of misdemeanor computer intrusion in violation of 18 U.S.C. 1030(a)(2)(C), a provision of the Computer Fraud and Abuse Act of 1986 (CFAA). The court held that defendant's challenge to the constitutionality of section 1030(a)(2)(C) failed because the statute was not unconstitutionally vague and, even if the statute's application may be unclear in some marginal cases, defendant's conduct fell squarely and unambiguously within the core prohibition of the statute. The court also held that the district court did not err by denying defendant's motion to suppress evidence obtained pursuant to search warrants issued under the Stored Communications Act and obtained during searches of defendant's home in Italy. The court rejected defendant's challenge to the authentication of screenshots of websites registered to defendant for use in the click fraud scheme, which were captured and stored by the Internet Archive, and maintained as business records of that entity.
ReadGonzales v. Uber: The CFAA and Invasion of Privacy Case
Gonzales sued Uber as a putative class action for Lyft drivers whose electronic communications and whereabouts were allegedly intercepted, accessed, monitored, and/or transmitted by Uber. Uber filed a Motion to Dismiss the claims of invasion of privacy and the Computer Fraud and Abuse Act. The Court analyzed the elements of each claim and dismissed the case but gave the Plaintiff leave to properly amend the lawsuit.
ReadDefendant Convicted of Possession of Contraband After Forensic Analysis
Petitioner was named in a criminal indictment charging him with various counts of production and receipt of child pornography. On January 9, 2014, those charges were dismissed, and Petitioner was named in a superseding criminal indictment charging him with various counts of production and receipt of child pornography as well as various counts of conspiracy to produce child pornography and use of interstate commerce to entice a minor to engage in sexual activity. ECF No. 26. On March 5, 2014, those charges were dismissed, and Petitioner was named, along with three co-defendants, in a thirty-three-count second superseding indictment. Petitioner was charged with twenty-eight of the thirty-three counts, including five counts of Conspiracy to Produce Child Pornography, in violation of 18 U.S.C. 2251(a) and (e); eight counts of Production of Child Pornography, in violation of 18 U.S.C. 2251(a); eight counts of Receipt of Child Pornography, in violation of 18 U.S.C. 2252(a)(2) five counts of Use of Interstate Commerce Facility to Entice Minor to Engage in Sexual Activity, in violation of 18 U.S.C. 2422(b)
ReadThe Spy Case of Kevin Patrick Mallory
After a four day trial, a jury convicted defendant of four counts: Count 1: conspiracy to gather or deliver defense information to aid a foreign government in violation of 18 U.S.C. 794(c); Count 2: delivery of defense information to aid a foreign government in violation of 18 U.S.C. 794(a); Count 3: attempted delivery of defense information to aid a foreign government in violation of 18 U.S.C. 794(a); and Count 4: making material false statements in violation of 18 U.S.C. 1001(a)(2). Defendant now moves for judgment of acquittal on the grounds (i) that the government’s evidence at trial was insufficient to support the conspiracy charge alleged in Count 1, (ii) that it was an error to deny defendant’s request for a buyer-seller instruction in connection with the conspiracy charge alleged in Count 1, and (iii) that the government’s evidence at trial was insufficient to support a finding of venue on the offenses charged in Counts 2 and 3.
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