[Orin Kerr, February 20, 2009 at 12:17pm] Trackbacks
New Filing in Lori Drew Case:
Readers following the Lori Drew case will recall that District Judge Wu held oral argument on the motion to dismiss back on January 8. Judge Wu has not yet handed down his ruling. However, this morning we filed the following Supplement to our Rule 29 Motion in light of recent caselaw developments.

All Related Posts (on one page) | Some Related Posts:

  1. Judge Tentatively Dismisses Charges Against Lori Drew:
  2. Judge Wu Reschedules Sentencing in Lori Drew Case to July, Leaves Motion to Dismiss Undecided:
  3. Additional Sentencing Briefs in Lori Drew Case:...
  4. Lori Drew, Take 2?: The Government's Computer Fraud and Abuse Act Prosecution in United States v. Nosal:
  5. New Filing in Lori Drew Case:
  6. Lori Drew Hearing Update:...
  7. Lori Drew Update:
  8. Pro Bono Defense in United States v. Lori Drew:
  9. The MySpace Suicide Indictment -- And Why It Should Be Dismissed:
mums (mail):
Thanks for the update; I've been eagerly awaiting the Judge's ruling.
2.20.2009 2:46pm
Daryl Herbert (www):
Very nice.
2.20.2009 3:15pm
WorkerBee (mail):
I'm an associate working on a CFAA issue in the civil context. The potential scope of this statute its just breathtaking, especially under the flawed reasoning of Citrin and Shurgard. It seems like there has been some pushback by various district courts recently, but all you really have to do is persuade a judge someone was acting "without authorization" and you're off to the races.
2.20.2009 4:02pm
Jotter:
Interesting and concise brief. But "jot-for-jot" (which I've never seen in print before) jars.
2.20.2009 4:03pm
WorkerBee (mail):
Just read the motion. You definitely agree about the pushback.
2.20.2009 4:09pm
OrinKerr:
Jotter,

I promise I didn't invent it, but it's interesting to know that you find it jarring.

WorkerBee,

Yes, under Citrin and Shurgard the CFAA is the statute that swallows the planet Earth. I was shocked that Posner adopted that, but then Posner often fails to appreciate the broader context of the laws that he is interpreting.
2.20.2009 4:12pm
Fub:
Jotter wrote at 2.20.2009 4:03pm:
Interesting and concise brief. But "jot-for-jot" (which I've never seen in print before) jars.
Biblical:
Matthew 5:18: "For assuredly, I say to you, till heaven and earth pass away, one jot or one tittle will by no means pass from the law till all is fulfilled."
2.20.2009 4:12pm
Jotter:
I stand informed. (I had to look up "tittle" too; is "jot" a Hugo Black-ism or the author of that book, Massaro?)
2.20.2009 4:32pm
Realist Liberal:
Thank you for the continued updates. I'm only moderately surprised that Posner adopted such a broad reading. As you say, he often seems to stay so confined to the case that he forgets the reach of what he says.

Is there any word as to when Judge Wu may rule? Also, if you win, does that count as an acquittal that is not appealable?
2.20.2009 5:44pm
phaedruscj:
I sure hope Lori Drew gets off. There are many teenagers out there that need to be goaded into suicide.
2.21.2009 1:09pm

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