United States Eighth Circuit

A conviction for intentionally causing damage to a protected computer without authorization is affirmed where the statute of conviction, 18 U.S.C. section 1030(a)(5)(A)(i), is not unconstitutional as applied to defendant's activities in attacking the computers of a not-for-profit organization which were connected to the Internet and were used to communicate with computers in other states. The nature of the organization using the computer is irrelevant, once the computer is used in interstate commerce, Congress has the power to protect it.

Appellate Information

• Decided 02/23/2007
• Published 02/23/2007

Judges

• PER CURIAM., Before RILEY, MELLOY, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John Larkin Trotter, St. Louis, MO, pro se., Paul Kaiser, St. Charles, MO, for Appellant.


• For Appellees:
  
• Jeffrey B. Jensen, U.S. Attorney's Office, St. Louis, MO, for Appellee.