In example of an overellus proescution getting just a little too cocky, the hacking conviction of Andrew Auernheimer. This case also sets a lot of other legal precdents as well, in our opinion.
Auernheimer was convicted because he found some data on AT&T servers that was not proecteed with a password. The fact that the case was thrown out also sets precdent that in order to have actually commited a crime, you have to BREAK somene's PASSWORD. So this, in our view, also means that you can use any unsecured WiFi network out there, and not be breaking the law, among a lot of other things. IN short, unless itis protected by a password, or other security system, it is legal to access.
Another issue is that of venue. Overzellus federal prosecutors try to rig the trial in their facour, by dragging a defendant accross the country. While this will not help some porn site operators who were convicted years ago, it will also mean that the the Bill and Carleen Thomas case ever comes up, the government will think twice about dragging this accross the country.
This is also another example of overzellus prosecutors throwing every charge at a defendant and hoping something will stick. A number of promiment criminal cases over the years have used that technique. Barrett Brown was eventually allowed to plead out to the charges most likely to stick, becuase prosecutors started to get a little too coclky. It would have been interesting if that case had to trial to see what charges woudl stick and what would not.
A number of high tech cases, as well as a few others outside of high-tech. In these cases, prosecutors are often in uncharted legal waters, and they throw every charge they can think of, and see what sticks. A number of prominent cases over the years have been this way. The Casey Anthonyu case is an example of prosecutors navigating uncharted legal territory, and, this throwing everything they had at her and see what stuck.
The whacking of Nancy Kerrigan 20 years ago is another example of prosecutors entering uncharted legal territory, and they were originaly going to thrown everything thing but the kitchen sink at her and see what would stick. That is another case I would have liked to have seen some to trial, to see just what charges would have stuck and what would not. Just like a lot of promient high tech cases, there was an overzellus prosecutor who actually a little too cocky. It would have been very interesting in that case had come to trial