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US v. Rodriguez, No. 09-15265

By FindLaw Staff on December 29, 2010 3:04 PM

Computer Fraud and Abuse Act Conviction Affirmed

In US v. Rodriguez, No. 09-15265, the court affirmed defendant's conviction and sentence for violating the Computer Fraud and Abuse Act where 1) the record established that defendant exceeded his authorized access to a government computer; 2) the Act did not require proof that defendant used the information to further another crime or to gain financially; and 3) the district court was entitled to find that an upward variance was warranted based on the number of victims and the extensive nature of defendant's unauthorized access.


As the court wrote:  "The main issue in this appeal is whether the prying by a former bureaucrat is criminal:  that is, whether the defendant violated the Computer Fraud and Abuse Act, which prohibits "intentionally access[ing] a computer without authorization or exceed[ing] authorized access, and thereby obtain[ing] ․ information from any department or agency of the United States."  18 U.S.C. § 1030(a)(2)(B)."

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