Court of Appeals opinion in favor Jason Elmore’s client cited in computer law treatise

The treatise, State Computer Law: Commentary, Cases & Statutes has included an annotation of People v Brunk, a Michigan Court of Appeals opinion in favor of criminal defense attorney Jason Elmore’s client. Jason’s client was a State of Michigan computer and radio technician charged with felony and misdemeanor unauthorized computer network access.

At trial, Elmore challenged the state’s interpretation of Michigan’s “computer abuse” statute, MCL 752.795. Elmore reasoned that, before an employee using a computer network can be convicted of making an “unauthorized” access, the employer must set rules and procedures outlining what types of network access are allowed.

After a jury trial, Jason’s client was acquitted of the felony charge, but convicted of the misdemeanor. The Court of Appeals reversed our client’s conviction, agreeing with Jason’s analysis at trial.

The annotation discussing this case can be found in State Computer Law: Commentary, Cases & Statutes, § 7:2207 “Computer abuse” (2009) (KS).