EFF, NACDL Ask Appeals Court to Block Attempt to Turn Misdemeanors into Felonies
Washington, DC (August 6, 2010) – The Electronic Frontier Foundation (EFF) and the National Association of Criminal Defense Lawyers asked a federal appeals court Thursday to block the government's attempt to wrongly expand federal computer crime law, turning misdemeanor charges into felonies.
In an amicus brief filed in U.S. v. Cioni, EFF and NACDL argue that federal prosecutors abused computer crime law when they brought felony charges against Elaine Cioni for accessing others' email. Under the Computer Fraud and Abuse Act (CFAA), a first-time unauthorized access offense is a typically a misdemeanor. But in Cioni's trial, the government pushed for felony convictions, claiming that the CFAA violations were in furtherance of violations of the Stored Communications Act (SCA). However, the acts that they claimed violated the SCA were identical to acts that violated the CFAA.
"The government has piggybacked computer crime violations to punish misdemeanor conduct as two felonies," said EFF Senior Staff Attorney Marcia Hofmann. "This misreading of the law would let the government charge anyone who accesses someone else's email with a felony. That was not Congress's intent when it created these statutes."
The CFAA is increasingly recognized as an overbroad statute that could be used to improperly criminalize a wide variety of online activities. Last month, for example, EFF filed an amicus brief in U.S. v. Lowson, arguing against a government attempt to use the CFAA to turn a violation of the terms of service on Ticketmaster's website into a criminal act.
"We're asking the appeals court to reject this attempt to broaden the CFAA and reduce the charges against Ms. Cioni back to misdemeanors," said EFF Civil Liberties Director Jennifer Granick. "Congress decided that certain computer crimes should be punished as misdemeanors. Courts shouldn't let any prosecutor make an offense more severe than Congress intended."
For the full amicus brief:
Jennifer Stisa Granick
Civil Liberties Director
Electronic Frontier Foundation
Senior Staff Attorney
Electronic Frontier Foundation
Director of Public Affairs and Communications
National Association of Criminal Defense Lawyers
Related Cases: US v. Cioni
Cross-Examination Trial Pack
NACDL’s new Cross-Examination Trial Pack includes three of our best-selling Cross-Examination resources: “Damage Control: Situational Cross-Examination Techniques Trial Guide”, "Ultimate Cross 2.0: Audio Recordings & Written Materials" and "Sample Cross-Examination Questions."
This masterful collection of cross-examination resources provide countless tips, techniques and strategies for a variety of criminal case-specific scenarios. Learn to cross-examine a variety of trial witnesses!
Death Investigation: Forensic Pathology in the Courtroom and Cause & Manner of Death (2022)
This unique program provides criminal defense lawyers with an accurate and clear overview of forensic pathology and the countless factors to consider in a death investigation and will methodically explain what happens during an autopsy to determine cause and manner of death.
You'll uncover the different types of medicolegal death investigations, what to request from your MDI expert, quality benchmarks for accreditation and certification, guidelines and standards, common terminology and frequently asked questions.
The Psychology of Persuasion & Storytelling for Criminal Defense Lawyers
This Trial Resource Guide is a masterful collection of practical tips, techniques and strategies focused solely on using the arts and sciences of persuasion to improve your storytelling skills at trial.
You'll learn how to master the ability to communicate with juries, deliver powerful openings and closings, perform convincing cross-examinations, use effective courtroom choreography and non-verbal communication, identify and develop the optimal theme and theory for your case, and offer compelling arguments during mitigation and sentencing.
Zealous Advocacy in Sexual Assault & Child Victims Cases (2022)
Defending charges of sexual assault and child abuse can be daunting — but with the right tools, it doesn’t have to be.
Every year, NACDL identifies the hottest topics and most pressing issues when defending these cases, and brings-in nationally-renowned lawyers and experts to help you prepare for battle. This year’s 13th Annual Defending Sex Cases training program is our best yet; packed with topics and speakers you won’t want to miss!
NACDL Communications Department
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.