Wrongly Convicted Database Record
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Charge: |
Computer Fraud |
Sentence: |
16 months |
Years Imprisoned: |
1.33 |
Year Crime: |
2000 |
Year Convicted: |
2002 |
Year Cleared: |
2003 |
U.S. State or Country of Crime: |
California - Federal Case |
County or Region of Crime: |
Los Angeles |
City of Crime: |
El Segundo |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Bret McDanel was wrongly convicted on June 5, 2002 of computer Fraud under the U.S. federal Computer Fraud and Abuse Act. Mr. McDanel had worked as a security expert for a computer company El Segundo, California in 1999 and 2000 when he determined had a serious vulnerability in its software. He quit and emailed thousands of the company's customers that the security problem existed. The company fixed the problem, but he was then prosecuted. His defense of not causing any damage and actually being a whistleblower was rejected at his judge only trial, and he was convicted on June 25, 2002 for violating the CFAA. However after serving his 16 month prison sentence, the U.S. Attorney's Office agreed he had not violated the CFAA, and in October 2003 supported his appeal to have his conviction vacated." |
Conviction Caused By: |
Accused of violating the CFAA when it didn't criminalize his whistleblowing behavior. |
Innocence Proved By: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
29 |
Age When Released: |
30 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Tech Ignorance Leads To Wrong Conviction, Matthew Fordahl, Associated Press, October 24, 2003" |
Information Location 1: |
http://www.securityfocus.com/news/7299 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org