David Kernell - Indictment

Indictment

A second federal grand jury in Knoxville returned an indictment of Kernell on October 7, 2008. He was charged with violating 18 U.S.C. § 1030(a)(2)(C) and § 2701, or unlawful access to stored communications and intentionally accessing a computer without authorization across state lines, respectively. Kernell turned himself in the next day. Kernell pleaded not-guilty. The court released Kernell without bail. Kernell's attorney claimed that using "an e-mail address and a birth date does not constitute identity theft"; however, the court rejected that argument saying "once Governor Palin chose the Yahoo! ID gov.palin@yahoo.com, that became her unique address, and no one else could choose it."

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