The suspects, in 10 separate states, are accused of conspiring to “intentionally damage protected computers.” This seems to relate to refer to Title 18, Part I

The suspects, in 10 separate states, are accused of conspiring to “intentionally damage protected computers.” This seems to relate to refer to Title 18, Part I, Chapter 47, § 1030, Part a) 5) A): knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer; http://www.law.cornell.edu/uscode/18/1030.html http://www.law.cornell.edu/uscode/18/1030.html There was quite a bit of debate during the December DOS's about what you could even charge folks with. This seems to be their answer. You can indict for almost anything, though, as grand juries are notoriously easy especially in technical cases. I find it hard to believe a judge would actually buy slowing a computer down equals damage. If that was the case people who maliciously search too often. Smells like plea bargain bait at best to me, what US Attorney would want to try that?