Yeah, I'm familiar with that law, but as I said, I'm not sure that he's broken it, or that the charge would "stick".
He hasn't altered anything, technically, he hasn't disabled anything, and he certainly hasn't erased any data. It's likely that he could even argue the "malicious intent" portion.
Again, it's not a chance I'd want to take, but it's not a slam-dunk on the criminal side, either.
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