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Judge Rules Dorm Room Search for Evidence of Prank Email Illegal

May 26, 2009, 00:03 (5 Talkback[s])

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"In her order Thursday, Justice Margot Botsford rejected the commonwealth's theory that sending a hoax email might be unlawful under a Massachusetts computer crime statute barring the "unauthorized access" to a computer, concluding that there could be no violation of what was only a "hypothetical internet use policy." Thursday's decision now stands as the highest state court opinion to reject the dangerous theory that terms of service violations constitute computer "hacking" crimes. Justice Botsford further found that details offered by police as corroboration of other alleged offenses were insufficient and did not establish probable cause for the search."

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