Orin Kerr's Appeal Brief for Andrew "Weev" Auernheimer - Another CFAA Case~pj

Orin Kerr has posted the appeal brief [PDF] just filed on behalf of Andrew "Weev" Auernheimer. It is a group work, with EFF's Hanni M. Fakhoury, Marcia C. Hofmann, and Tor B. Ekeland and Mark H. Jaffe of the law firm Tor Ekeland, PC, also listed as representing the appellant. It's another hair-pulling Computer Fraud and Abuse Act case, so I believe you're interested in knowing about it. It's a law in desperate need of adjustment, but in the meanwhile, because it's so vague, it's being stretched beyond what the law was intended to cover by overcharging and misunderstanding, the brief argues, and vagueness can reach the level of being a violation of the Constitution.

The idea is that if you don't know where the criminal line is, how do you avoid it? And worse, if no one knows what a law means, what it ends up meaning is whatever any prosecutor anywhere arbitrarily says it means. It's sad to read the brief, because a man is in jail for 41 months, until 2016, for surfing the web, finding a public website, and collecting information from it and sharing it. Have you ever done that?