Tuesday, July 14, 2009

Wiretapping Dolce & Gabbana Flack's Weak Defense

gawker.com
A lawyer for Dolce & Gabbana flack Ali Wise—who was arrested last week on charges of eavesdropping and computer trespass—says it's not illegal to hack into someone else's voicemail without permission. Really?

Wise allegedly used a Spoofcard, which lets you send fake caller ID info with your calls, to gain access to the voicemails of interior designer Nina Freudenberger. According to the criminal complaint against her, she told the police, "I used the Spoofcard to get into Nina's voicemails."

Now Wise's lawyer, Mark Jay Heller, is telling Women's Wear Daily [sub. req'd] that there's nothing illegal about that:

He said authorities had misapplied new laws governing technology. The eavesdropping charge should be dismissed because, among other reasons, Wise had not overheard or recorded a conversation, Heller said. Of the computer trespass charge, he said authorities had not alleged or proven, "that Ali engaged in any ‘unauthorized' conduct in conjunction with a computer or computer service."

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