It’s Official, Cell Phones are Computers; Eight Circuit Upholds District Court Decision

Published On February 17, 2011 | By Marc Zwillinger | Data Security, Litigation, Privacy
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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.

About The Author

Marc is the founder and managing member of ZwillGen PLLC and has been regularly providing advice and counsel on issues related to the increasingly complex laws governing Internet practices, including issues related to Electronic Communications Privacy Act (“ECPA”), the Wiretap and Communication Acts, privacy, CAN-SPAM, FISA, spyware, adware, Internet gambling and adult-oriented content. He also helps Internet Service Providers and other clients comply with their compliance obligations pertaining to the discovery and disclosure of customer and subscriber information.