> All of them? > literally all of part a It's not (1) or (2) as no exfiltration has occurred. It's not (3) as a government system has not been targeted. It'

> All of them? > literally all of part a It's not (1) or (2) as no exfiltration has occurred. It's not (3) as a government system has not been targeted. It's not (4) as "the thing obtained consists only of the use of the computer". It's not (5) as no system has been targeted or damaged (based on the statutory definition of 'damage'). It's not (6) as we have no evidence of the attacker sharing their Ed448 private key. It's not (7) as there has been no act of extortion. > did someone just trip and fall on their keyboard over a period of months to accidentally carry out sophisticated social engineering to write a carefully hidden backdoor into a package targeted at hijacking widely used operating systems? I'm not arguing that it was a weird accident. I'm arguing that this clearly malicious act does not, based solely on the information we have today, constitute a violation of the CFAA.