Basic Cell Phone Qualifies as `Computer’ Under Federal Fraud and Sentencing Laws

Feb. 22, 2011, 5:00 AM UTC

An ordinary cell phone capable of making calls and sending texts qualifies as a “computer” for purposes of the Computer Fraud and Abuse Act and the U.S. Sentencing Guidelines, the U.S. Court of Appeals for the Eighth Circuit held Feb. 8 (United States v. Kramer).

Although practically anything with an electronic data processor, including coffee makers and microwave ovens, would appear to qualify as a computer under the definition in the CFAA, the sentencing guidelines do narrow the definition somewhat by requiring the device to be used for communication, the court noted.

The defendant in this case was ...

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