United States v. Gasperini, No. 17-2479 (2d Cir. 2018)Annotate this Case
The Second Circuit affirmed defendant's conviction of misdemeanor computer intrusion in violation of 18 U.S.C. 1030(a)(2)(C), a provision of the Computer Fraud and Abuse Act of 1986 (CFAA). The court held that defendant's challenge to the constitutionality of section 1030(a)(2)(C) failed because the statute was not unconstitutionally vague and, even if the statute's application may be unclear in some marginal cases, defendant's conduct fell squarely and unambiguously within the core prohibition of the statute. The court also held that the district court did not err by denying defendant's motion to suppress evidence obtained pursuant to search warrants issued under the Stored Communications Act and obtained during searches of defendant's home in Italy. Finally, the court rejected defendant's challenge to the authentication of screenshots of websites registered to defendant for use in the click fraud scheme, which were captured and stored by the Internet Archive, and maintained as business records of that entity.