United States v. Auernheimer, 748 F.3d 525 (3d Cir. 2014). Specifically, on page 12, footnote 5, the court states:
“We also note that in order to be guilty of accessing ‘without authorization, or in excess of authorization’ under New Jersey law, the Government needed to prove that Auernheimer or Spitler circumvented a code- or password-based barrier to access... The account slurper simply accessed the publicly facing portion of the login screen and scraped information that AT&T unintentionally published.”
“We also note that in order to be guilty of accessing ‘without authorization, or in excess of authorization’ under New Jersey law, the Government needed to prove that Auernheimer or Spitler circumvented a code- or password-based barrier to access... The account slurper simply accessed the publicly facing portion of the login screen and scraped information that AT&T unintentionally published.”