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United States v.

Andrew Auernheimer (Weev) The case is significant because of the governments overbroad interpretation of what constitutes unauthorized access to a computer under the CFAA. The CFAA is notorious for failing to define what constitutes unauthorized access to a protected computer. The interpretation that prevailed at trial risks criminalizing normal computer behavior that millions of Americans engage in every day.

Computer Fraud and Abuse Defense Fund What Happened to Weev


On November 20, 2012, controversial computer security researcher Andrew Auernheimer was convicted by a jury sitting in the Federal District Court for the District of New Jersey of one count of conspiracy to violate the Computer Fraud and Abuse Act (18 U.S.C. 1030(a)(2)(C)) and one count of identity theft (18 U.S. C. 1028(a)(7)). The verdict has startled and alarmed many legitimate computer security researchers and it should be of concern to anyone who uses the Internet on a regular basis. The facts are simple. In June of 2010, Andrew Auernheimers co-defendant Daniel Spitler discovered that AT&Ts servers were publishing email addresses of iPad subscribers on the servers authentication log in page when queried with a SIM card number that matched an existing AT&T subscribers SIM card number. Upon discovering this, Spitler wrote an iterative script that queried AT&Ts publicly accessible iPad servers and copied over 120,000 email addresses. No password or any type of security was ever hacked, nor was any attempt ever made to hack any password or bypass any existing security measures. In essence, what Spitlers script did is what countless computer users do every day when they type information into their web browsers URL. Auernheimer immediately went to the press with this information, and emailed some of the people whose email addresses were obtained. Neither Auernheimer nor Spitler did anything else with the information. At trial there was no evidence of any harm to anyone except for the allegation that AT&T was embarrassed by its failure to protect what it claimed was confidential information. On March 18, 2013, the Honorable Susan D. Wigenton sentenced Andrew Auernheimer to 41 months on each of the Indictments counts, to run concurrently, as well as

three years of supervised release with special terms, and ordered him to pay restitution in the amount of $73,167.00. The basis for the restitution was that AT&T had to pay for a direct mailing to its customers roughly one week after it had emailed them about the so called breach. On March 21, 2012, Tor Ekeland P.C. filed a Notice of Appeal with the Third Circuit Court of Appeals. On March 21, 2012, Tor Ekeland P.C. filed a Notice of Appeal with the Third Circuit Court of Appeals. Joining Tor Ekeland P.C. on the appeal are Orin Kerr, Marcia Hoffman and Hanni Fakhoury of the Electronic Frontier Foundation, and Nace Naumoski
Source: Computer Fraud and Abuse Defense Fund http://cfaadefensefund.com/

The verdict has caused understandable outrage in the computer security research community and beyond. The theory of unauthorized access that prevailed at trial risks criminalizing computer behavior that millions of Americans engage in daily and subjecting them to arbitrary prosecution at the governments whim. EFF has long criticized the CFAA for its vague language, broad sweep, and heavy penalties. Since the tragic death of programmer and Internet activist Aaron Swartz in January, EFF has redoubled its efforts to reform the law. "Weev's case shows just how problematic the Computer Fraud and Abuse Act is," EFF Staff Attorney Hanni Fakhoury said. "We look forward to reversing the trial court's decision on appeal. In the meantime, Congress should amend the CFAA to make sure we don't have more Aaron Swartzs and Andrew Auernheimers in the future.
Source: Electronic Frontier Foundation EFF Joins Andrew Auernheimer Case on Appeal https://www.eff.org/press/releases/eff-joins-andrewauernheimer-case-appeal

A visit with Weev.


A beautiful write-up of a visit with Andrew Auernheimer Weev who is currently incarcerated at Allenwood Federal Correctional Complex in White Deer, Penn. originally published on July 19 here http://pastebin.com/iNHN2maY by @shokufeyesib *DISCLAIMER: SHITTON OF GRAMMAR AND SPELLING ISSUES. 0 FUCKS GIVEN. DEAL WITH IT <3* I visited Andrew Auernheimer, aka weev, twitter handle @rabite on Friday 7/19/13 at Allenwood FCI Low Security in PA (3rd attempts to visit, 1st successful): **THIS IS A NARRATION OF WHAT HAPPENED WHEN I SAW ANDREW. ACTION ITEMS AND REVELATIONS WILL BE LISTED AS BULLET POINTS AT THE OF THIS PASTE.** Andrew has been out of admin seg since 6/21/13, so when I visited him on friday, he was allowed to come to the common area where visitors and inmates mingled freely. It was kind of like an indoor picnic. The atmosphere was very laxed, inmates could hug, sit side by side with their visitor, hold hands, kiss, lean on each other and more. Anything non-sexual was permitted really. This was Andrews first non-counsel visit, not being confined to a glass booth and having to communicate through a phone. Visitation hours were from 8 to 3 and I got to see him from 9:15 to 2:30ish. When he first came out, it was surreal. I was 4 months to the day (almost) that I had not seen him and I am sure that it was 4 months that he had hugged anyone. We had a very long embrace and it felt really good. He was worried, not having had normal visitors, that it was not allowed. But I had watched other inmates interactions and saw it was much less constricting that he thought it was. A couple of times he wanted to disengage the hug and I wouldnt let go would have to say Dood its ok. This is allowed. I saw him anxiously eyeing the guards making sure I wasnt overstating it. Which is ubes foony, cz I dont exaggerate that shithe does lolWe kissed on the cheek and I held

his face in my hand and told him I loved him. He smiled and said I love you too lil girl (Can you hear my eyes rolling? lol). As always and like our phone calls, I first started by asking him rapid-fire Qs on his health, condition, books, letters, nutrition, safetyetc. He gets distracted easily so I had to cut him off and ask specific Qs, in order to be able to know what was done and what needed to get done. Then he told me about what he was going through. Obviously he trolled me at no end with all his Pinky and the Brain world takeover plans (I am Brain and hes Pinky, tho he refutes that. I just think it is obviousno?). We fought about Crick and Franklin (look up discovery of DNA on wiki), as alwayssmhI will eternally get trolled by him on that topic. Just no use denying it. He was adamant to leave his bad boy image intact, but I told him to suck it up, cz I was gna tell everyone how he spent 15 mins grilling me on who I was going to Defcon with and whether I was gna be safe. I wont be there to pull them off of you, if anything happens He said referring to an incident that had occurred last year when he had to fight off a couple of dicks who were harassing his female friend. He had to do that while being out on bail I asked him if Tor had made any comments on my driving skills last time we visited (I drove 189 miles in 2 hrs on Friday O_0), and he said Tor found your drivinguminterestinglololol.and that he had to remind him that I did live in Iran (tho I never drove there, but yes good point). We talked about the state of lulz of the interwebz and I promised him to get ppl to send him articles, news, lulzy shit as much as I can We fought on how to pronounce AMICUS and I almost flipped him off! He enjoyed reading the amicus and his appeal and was excited about them.

He endlessly admonished me on not finding a job yet(can someone please tell him how much of timeconsuming bullcrap it is to have so many of them in jail?). I told him he better not be thinking I will be working when he gets out, cz he be ma sugar daddyhe laughedI might be jokingI might not beO_0 I could not take any pen or paper in so I dont remember some stuff, I will tweet them out and update the pastebin if I do along the way. PLEASE SHARE THIS WIDELY. WHAT I SAW: -He has lost weight. He didnt look gaunt, but he was thinner than he went in and he was not overweight to begin with. -He was glassy-eyed. Looked exhausted and extremely sleepy, though he was alert at first. He did, however, start to get very sleepy and tired by the end of my visit. I tried to leave earlier so he could sleep but we both thought he needed the contact so he stuck it out. -His glasses are most def broken, and sliding down his face constantly. That happened in Essex in Newark NJ. I got him Twizzlers and a Snicker bar, only gluten-free options at the vending machine. I forgot to bring more singles (paid toll with most of them..stupid) so I could not get him anything to drink -He seemed more subdued and resigned than WHAT I EVER THOUGHT WOULD BE POSSIBLE. It didnt seem like he had given up, just exhausted, thus, preserving his energy by being more quiet. WHAT I LEARNED: -He is not getting his letters. Out of the numerous ones I had sent he only got one. Yet he recieved all my Flikshops (its a very useful app, look it up. It is invaluable). He did

not receive any postcards from anyone at all. He specifically did not receive my letters, and a few others. -He is getting gluten-free meals, tho unappetizing, he is being fed. -He is being worked to exhaustion, presumably to shut him up. As per him, inmates work one shift only, but he is forced to work two shifts. He works in the kitchen from 4 am to 12 pm and from 1-2ish to 11 am-ish he weeds outside. He only sleeps from 12 am to 4 am (ONLY 4 HOURS). He has Fridays and Saturdays off (not sure about Sundays). He admitted in a way that working him so much is proving effective to shut him up. He apologized for not writing too much cz of the exhaustion. -He gets $20 of commissary per month and his stamps and MP3 are not included in that $20 and come from a separate fund; so he does not have restrictions on buying stamps or MP3s. (he asked ppl not to donate to his commissary fund, so he wont have to pay his restitution through that. He instead asked you guys to donate to his WePay and CFAAFund acc. Please refer to the following site for the noted donation funds http://freeweev.github.io/ ) -He felt alone and down a lil. So please send him letters as many as you can and dont give up. -He has madeumerrsolid allies in prison. I am sure most of you can guess the type of allies he would make, but apparently he is safe as a result and has a posse of sorts (very loose definition of posse). -He had specific requests which will be discussed with those who can help in private. Some of his attorney-client rights is being violated. Appropriate parties have been notified. WHAT IS NEEDED: -Please send him letters, flood him with them and dont give up (not books, letters). He specifically requested articles, news, tweets etc. If you have printing capability,

please send him info regularly. He also wants gossip from the interwebz and when I brought up some new cast of characters, he seemed confusedso I promised him a wiki of the interwebz lulz. Some ppl have already offered to help me with that. If you can too and I have not talked to you, please dm me and lets set up something. It would mean a great deal to him and me as well. -If you are gna be in town and would like to visit him please let me know or go to the following site and download the application, fill it out and SIGN it and send it to his prison counselor at the following address. When approved he will let you (or me) know and you can visit him. http://www.bop.gov/policy/forms/BP_A0629.pdf You can send letters or postcards here: Andrew Auernheimer #10378-010 FCI Allenwood Low Federal Correctional Institution PO Box 1000 White Deer PA 17887 To donate to his commissary fund: https://www.wepay.com/donations/weev-prison-fund_1 To sign up to send books from his reading list: http://bit.ly/weevbks To let us know what books you have sent: http://bit.ly/weevsent Books can be hardcover or paperback but the Federal Bureau of Prisons requires they be shipped directly from a bookseller or publisher. Most sellers on half.com will ship to prisons. Amazon/B&N will, too, but you will have to pay shipping.

#FREEWEEV