US. v. Lowson

Opinion Denying Motion To Dismiss Superceding Indictment

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EFF and a coalition of academics and public policy groups are urging a federal judge to dismiss a criminal indictment that could give websites extraordinary power to dictate what behavior becomes a computer crime.

The four defendants in this case are the operators of Wiseguys Tickets, Inc., a ticket-reselling service. In its indictment, the government claims the four purchased tickets from Ticketmaster by automated means, violating Ticketmaster's terms of service and therefore the Computer Fraud and Abuse Act (CFAA). In an amicus brief, EFF argues that this prosecution expands the scope of the CFAA beyond what Congress intended, grounding criminal liability in whatever arbitrary terms of service that websites decide to impose on users.

This legal brief is: An order allowing a federal indictment under the Computer Fraud and Abuse Act and other claims against online ticket vendors to go to trial in order to develop a more complete factual record.

Please see full Opinion below for more information.

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Reference Info:Decision | Federal, 3rd Circuit, New Jersey | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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