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Feds Drop Hacking Charges in Video-Poker Glitching Case
From: InfoSec News <alerts () infosecnews org>
Date: Thu, 9 May 2013 00:53:03 -0500 (CDT)
http://www.wired.com/threatlevel/2013/05/video-poker-hacking-dismissed/ By Kevin Poulsen Threat Level Wired.com 05.07.13They 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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