The Liuzzo family would only discover what the FBI had done years later, after obtaining documents under the Freedom of Information Act.

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If the Computer Misuse Act did offer such defense, the public interest in obtaining information via interception of emails would still have to be weighed by the courts.

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Prosecutors indicted Swartz for violating Section 1030 of the Computer Frauds and Abuse Act, the anti-hacking statute, related to unauthorized accessing of a computer and obtaining information therefrom.

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