This section contains the nature of the case and procedural background.

Neidorf (D1) and Riggs (D) devised a scheme to defraud Bell South. They decided to steal computer text files, which contained information regarding 911 systems for handling calls to police, fire, ambulance, and other emergency services in municipalities. Bell considered the files to contain valuable proprietary information. D1 wanted to print the text file in a computer newsletter known as PHRACK, which D1 edited and published. D used his home computer to gain unlawful access to Bell’s computers in Georgia. D then downloaded the text file and then disguised and concealed his unauthorized access by using accounts codes of persons with legitimate access to the file. D then sent the file to D1 by way of an interstate computer data network. D then stored the file on a bulletin board used by computer hackers. D1 then edited and retyped the text file to conceal where it came from. The file was then published. D1 claims that the indictment was defective because it failed to allege a scheme to defraud under 18 U.S.C. 1343 and that the information was not goods within 18 U.S.C. 2314. This was a motion to dismiss.

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