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Lori Drew faces charges under a federal anti-hacking statute andcould wind up in jail, but her behavior, while obviously wrong, was not criminal. Overcriminalization eliminates long-standingprotections against unfair criminal liability, puts honest citizensat risk of prosecution, and allows politics to trump soundprosecutorial discretion. Worst of all, it threatens the rule oflaw and individual liberty.

New yorkUnited statesLos angelesJosh evansMegan meierAndrewm grossmanJosh evanOrin kerrJack banasJohn bakerGeorge wuUs congressLos angeles timesNational association of criminal defense attorneysElectronic frontier foundationGeorge washington university school of law