The days of ‘Let’s haul this kid in front of the judge, scare him and send him home with a warning’ are long since gone,” says attorney Jay Leiderman. “ Prosecutorial discretion is a great thing if it’s exercised, but it doesn’t happen in any meaningful way these days, because prosecutions are so politicized.

I’m usually an Armani guy if I can be, but I went from jeans into one of the nicest $99 suits I had seen, plus a tie, pocket square, and socks,” says Leiderman. “I got the shoes and belt at a Ross [Dress for Less store] in between the tailor and the courthouse. The guys that worked security were impressed.

Our best and brightest should be encouraged to find new methods of expression; direct action in protest must not stifled. The dawning of the digital age should be seen as an opportunity to expand our knowledge, and to collectively enhance our communication. Government should have the greatest interest in promoting speech – especially unpopular speech. The government should never be used to suppress new and creative – not to mention, effective – methods of speech and expression

The thing about free speech and free expression is people that are interested in it are by their very nature always tending to explore the boundaries...In a society that prizes free expression and one that has a great premium upon the marketplace of ideas, it's hard to say that someone went too far in expressing themselves when really no harm was done.

DoJ [Department of Justice] is not supposed to be used to send messages. It’s supposed to be used to specifically target actual criminality, not to be this theoretical law creation machine where they want to push and twist the law so far to the point where it’s unrecognizable and use that to chill dissent. That’s when our country looks its most evil, and it really does. It’s an ugly picture of the US government

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Isn’t this illegal? In the case of the cameras accessed using default passwords, of course. Attorney Jay Leiderman told Motherboard that Insecam “is a stunningly clear violation of the Computer Fraud and Abuse Act (CFAA) [I made it clear that the CFAA was an American law, and that this may or may not be illegal in other countries],” even if it is intended as a PSA. “You put a password on a computer to keep it private, even if that password is just ‘1.’ It’s entry into a protected computer.

Leiderman thought it was not enough that the government dropped charges. He wanted the criminal justice system to recognize Gonzalez’s innocence affirmatively. There is such a thing as a declaration of factual innocence, he explained to Gonzalez. A judge can grant it. It is exceedingly rare – so rare that many cops and lawyers go a career without seeing one. It means not just that prosecutors couldn’t make a case against you, but that you didn’t do the crime. The case remained on the docket of Ventura County Superior Court Judge Patricia Murphy, who had earlier ordered Gonzalez held without bail. Leiderman petitioned the judge, trying not to get his client’s hopes up. He laid out the case, pointing out the holes in West’s story and the numerous alibi witnesses. Prosecutors did not want Gonzalez declared innocent. They knew a jury wouldn’t convict him but said they couldn’t be positive of his innocence. [ ] Ventura County’s chief assistant district attorney, later explained their reasoning: The attack West described was “improbable, but it wasn’t physically impossible.” In January 2009, nearly a year after Gonzalez’s arrest, Leiderman called him excitedly: The judge had sided with them. Gonzalez was soon holding a certified copy of the judge’s order declaring him factually innocent.

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