Andrew ‘weev’ Auernheimer appeals prison sentence, adds pro bono lawyer to defense

A security researcher sentenced to 41 months in jail for accessing AT&T user data isn’t yet giving up the fight; Andrew ‘weev’ Auernheimer plans to appeal the decision. That comes according to Orin Kerr, the latest addition to Auernheimer’s legal team. Kerr is working the case pro bono and has authored a blog post explaining his reasoning for the volunteer work. “I think the case against Auernheimer is deeply flawed,” the attorney writes, describing the issues brought up during the trial as “critically important for civil liberties online.”

Kerr says Auernheimer’s case could potentially set a major precedent for what’s considered “unauthorized access under the Computer Fraud and Abuse Act. Like Auernheimer’s other supporters, Kerr points out that the AT&T website from which his client extracted hundreds of thousands of customer email addresses was publicly accessible.

The lawyer also takes issue with the government pursuing the crime as a felony, rather than the misdemeanor charge Kerr says usually applies to such a scenario. He also finds fault with the court battle playing out in New Jersey. “I don’t see how the crime of unauthorized access could have occurred in New Jersey given that neither the defendants, the computers accessed, the company, nor apparently even any Internet traffic at all was in or went through New Jersey. His final quarrel, expectedly, comes with what Kerr considers an undue 41-month sentence. Kerr says the Auernheimer’s notice of appeal was filed yesterday.