neither Auernheimer nor his co-conspirator
Spitler performed any “essential conduct element” of the
underlying CFAA violation
If that's not a 'not guilty' by a court that's not passing actual judgement, I don't know what is.
He did so by tricking AT&T's servers into thinking he was someone other than himself.
That doesn't mean UNauthorized.
he knew he wasn't entitled to access the information.
And yet there's no legal requirement for 'entitlement'. Just unauthorized access.
Again, there was no authorization process in AT&T's system, so he could NOT have accessed without authorization. AT&T's systems were set up with explicit full authorization in place. Everybody can access everything. Just enter the code.