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re: AU Softball ex player speaks about the charges (video & story)
Posted on 8/31/17 at 11:45 am to NYCAuburn
Posted on 8/31/17 at 11:45 am to NYCAuburn
I only know of this statute because we had a law school moot court competition centered around its interpretation, but, assuming that the girls accessed her phone without her permission, they most likely violated the Computer Fraud and Abuse Act ("CFAA"), specifically 18 U.S.C. 1030(a)(2)(C). This federal statute imposes both criminal and civil liability on those who access another's computer and take its information if that culprit didn't have access or exceeded the scope of her authorization in obtaining the info in question.
While this statute was designed to stop hackers, the exponential growth of computer technology has now criminalized seemingly innocuous activities. There would definitely be precedent to prosecute these girls under this statute.
Otherwise, a quick search of the criminal code revealed that criminal tampering in the second degree may apply under section 13A-7-26(a)(1). The actions fall within the scope of the statute's plain language, but I'd be interested to read an Alabama attorney's take on the criminal liability at play here.
While this statute was designed to stop hackers, the exponential growth of computer technology has now criminalized seemingly innocuous activities. There would definitely be precedent to prosecute these girls under this statute.
Otherwise, a quick search of the criminal code revealed that criminal tampering in the second degree may apply under section 13A-7-26(a)(1). The actions fall within the scope of the statute's plain language, but I'd be interested to read an Alabama attorney's take on the criminal liability at play here.
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