To Hanni Fakhoury, a staff attorney for the Electronic Frontier Foundation and a former federal public defender, the Computer Fraud and Abuse Act just doesn’t add up, especially in Nosal’s case.

“When I think of the CFAA I think of hacking. You break into a system not through a simple process but aggressively and violently take stuff and ransack the place. Using a username and password is like using a key,” he said. “If I give you the key to my house is that the same thing as knocking down the door? The problem with the law is it kind of treats it the same.”

Monday, April 22, 2013