What might @ProjectLincoln have done legally (as opposed to morally) wrong, if -- as it appears -- it accessed the Twitter account of its former partner @NHJennifer to publish her DMs with a journalist writing about them?

Ugh, fine, let's discuss.
/1 https://twitter.com/yashar/status/1360085473784332293?s=20
/2 The most obvious potential crime lies within the Computer Fraud and Abuse Act, a train wreck of a statute that illustrates what happens frequently when Congress legislates about things it doesn't understand.

https://www.law.cornell.edu/uscode/text/18/1030
/3 I'm not a CFAA expert -- thats @OrinKerr, for instance, and @mmasnick is very knowledgeable -- but I know a little. CFAA criminalizes, to the best of Congress' limited ability and understanding, certain unauthorized access to computer systems.
/4 The bottom line is that under some interpretations of the statute it's a federal crime to access a web site -- like, say, Twitter -- in a way that violates that site's Terms of Use, or in a way that is "without authorization" or "exceeds authorized access."
/5 How serious a crime it might be depends on what you do once you're there. If there's an argument you caused quantifiable damage or obtained certain types of information, it can be a felony. It can also be a misdemeanor.
/6 What happens when you give the feds an extremely flexible statute open to many interpretations governing a complex and constantly changing set of systems like the internet?

Bad things, mostly.
/8 And here is @OrinKerr's testimony before Congress on how bad the law is and how much troublesome unprincipled discretion it gives prosecutors.

https://www.wired.com/images_blogs/threatlevel/2011/11/Testimony-of-Orin-S-Kerr.pdf
/9 So: if someone at @ProjectLincoln entered that Twitter account without authorization, a federal prosecutor could -- without breaking a sweat -- make a federal misdemeanor out of it. Will they? Very highly unlikely, and not really because of political partisanship.
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