United States Second Circuit

Convictions for conspiracy to kidnap and improperly accessing a computer stemming from a N.Y.C. police officer's participation in an Internet sex fetish community are vacated where: 1) the online fantasies featured in the case were insufficient to prove an agreement to kidnap and specific intent to commit a kidnapping; and 2) under section 1030(a) of the Computer Fraud and Abuse Act, 18 U.S.C. section 1030, an individual "exceeds authorized access" only by obtaining or altering information that he or she does not have authorization to access for any purpose.

Appellate Information

• Published 2015/12/03

Judges

• PARKER

Court

• United States Second Circuit

Counsel