Conviction for accessing protected computer does not require showing of intent to defraud or knowledge of value of information obtained

STATUTORY CONSTRUCTION/SENTENCING United States v. Willis, No. 06-6009, ___ F.3d ___ (10th Cir. Feb. 16, 2007)(W.D. Oklahoma). Appeal of conviction and sentence for aiding and abetting accessing protected computer in violation of 18 U.S.C. § 1030(a)(2)(C). HELD: (1) To obtain conviction for aiding and abetting accessing protected computer without authorization in violation of 18 U.S.C. § 1030(a)(2)(C), government need not show that access was obtained with intent to defraud. Nor must government show that defendant knew value of information obtained from unauthorized access. All that is necessary to prove violation of § 1030(a)(2)(C) is that defendant: (a) intentionally accessed computer; (b) without authorization (or exceeded authorized access); and (c) obtained information from any protected computer. (2) Because district court failed to make particularized findings about scope of criminal activity defendant agreed to jointly undertake with persons to whom he gave access to protected computers, case is remanded for further factual findings and resentencing. Read the opinion here.