United States V. Lori Drew - Amicus Brief in Support of Defendant

Amicus Brief in Support of Defendant

On September 4, 2008, the Electronic Frontier Foundation filed an amicus brief in support of Drew's motion to dismiss the indictment. The brief argued that Drew's indictment was wrongful because Drew's alleged violation of the MySpace terms and conditions was not an "unauthorized access" or a use that "exceeds authorized access" under the CFAA statute; that applying the CFAA to Drew's conduct would constitute a serious encroachment of civil liberties; and that interpreting the CFAA to apply to a breach of a websites’ Terms of Service would violate the Due Process protections of the Constitution and thereby render the statute void on the grounds of vagueness and lack of fair notice.

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