Ars Live #12, filmed by Chris Schodt and produced by Jennifer Hahn. (video link)On June 13, 2017, Mark Jaffe is set to appear before the 9th US Circuit Court of Appeals in San Francisco to argue on behalf of his client, journalist Matthew Keys.

And at the most recent Ars Live event, Jaffe spoke to David Kravets and I about this case and broader issues around what it’s like to defend accused hackers.
As Ars reported in August 2016, the 29-year-old journalist began his two-year sentence in Atwater, California, about 120 miles east of San Francisco.

Earlier in 2016, Keys was convicted at trial under the Computer Fraud and Abuse Act (CFAA), the notorious anti-hacking federal law that dates back to the 1980s.

An effort to reform that law has languished in Congress. Keys told Ars, even post-conviction, that he did not hand over any login information that led to the 40-minute alteration of a Los Angeles Times headline in 2010.
So Jaffe and Keys’ other attorneys will reprise an argument that they made at trial: that Keys’ alleged actions did not cause actual damage (the defaced article was quickly changed back), and therefore, Keys did not violate the CFAA.
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