U.S. Department of Justice
Attorney Work Product // May Contain Material Protected Under Fed. R. Crim. P. 6(e)
Harm to Ongoing Matter
- 2. Potential Section 1030 Violation By PP
Personal Privacy
Personal Privacy
See United States v. Willis, 476 F.3d 1121, 1125 n.1 (10th Cir. 2007) (explaining that the 1986 amendments to Section 1030 reflect Congress's desire to reach "'intentional acts of unauthorized access—rather than mistaken, inadvertent, or careless ones'") (quoting S. Rep. 99-432, at 5 (1986)). In addition, the computerPersonal Privacy likely qualifies as a "protected" one under the statute, which reaches "effectively all computers with Internet access." United States v. Nosal, 676 F.3d 854, 859 (9th Cir. 2012) (en banc). Personal Privacy
Applying the Principles of Federal Prosecution, however, the Office determined that prosecution of this potential violation was not warranted. Those Principles instruct prosecutors to consider, among other things, the nature and seriousness of the offense, the person's culpability in connection with the offense, and the probable sentence to be imposed if the prosecution is successful. Justice Manual § 9-27.230. Personal Privacy
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