http://www.wired.com/threatlevel/2013/05/video-poker-hacking-dismissed/
By Kevin Poulsen
Threat Level
Wired.com
05.07.13
They know when to fold ‘em. Las Vegas prosecutors targeting two men who
took advantage of a software bug to win a small fortune at video poker
have dropped all hacking charges from the case, cashing out an 18-month
legal battle over the applicability of the 1986 Computer Fraud and Abuse
Act.
“The United States of America, by and through the undersigned attorneys,
hereby moves this Court to dismiss Counts 2 and 3 of the Indictment,”
wrote(.pdf) Assistant U.S. Attorney Michael Chu yesterday, in a terse
motion immediately granted by U.S. District Judge Miranda Du.
Du had asked prosecutors to defend their use of the federal anti-hacking
law by Wednesday, in light of a recent 9th Circuit ruling that reigned
in the scope of the CFAA.
The dismissal leaves John Kane, 54, and Andre Nestor, 41, facing a
single remaining charge of conspiracy to commit wire fraud — another
federal law that generally criminalizes fraudulent schemes that use wire
communications. Trial is set for August 20.
[...]
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