It’s Official, Cell Phones are Computers; Eight Circuit Upholds District Court Decision
Recently the 8th Circuit Court of Appeals upheld a district court’s decision stating that a commonplace phone that texts and makes calls can be considered a computer as defined by 18 U.S.C. § 1030(e)(1). In USA v. Kramer the court applied a two level enhancement on the defendant’s sentence for transporting a minor in interstate commerce with intent to engage in criminal sexual activity, because it found his phone was a computer and by contacting the minor with using the phone, he used a computer to ‘facilitate the offense’. The full opinion can be found here.