In case you want to see an analysis by experienced lawyers, rather than a software engineer (that would be me), of the indictment of Russian military intelligence personnel, Lawfare presents just such an analysis here. Their summary?
The Internet Research Agency indictment, in February, offered a potential legal solution to that puzzle.
This indictment, by contrast, offers a potential factual breakthrough. It tells us that the prior factual premise was wrong: the alleged conduct violating the CFAA continued to occur throughout the summer of 2016. That affects the earlier analysis in two ways. First, it makes clear that the Russians did intend to release the information at the time the hacking occured. Second, and perhaps more important, the indictment alleges that the criminal hacking conspiracy was ongoing at the time individuals in the Trump campaign were in contact with charged and uncharged Russian conspirators, raising the possibility of more straightforward aiding and abetting liability.
In other words, stay tuned. This indictment represents a tightening of the ring in the story of criminal prosecution for the 2016 election hacking. The government has now alleged that the social media manipulations by Russian actors constituted a criminal conspiracy. It has alleged as well that the hacking of Democratic Party and Clinton campaign emails were crimes conducted by officers of the Russian state. The question remains: Who, if anyone, helped?
And will the judiciary – or a jury – accept the contention that social media manipulation by foreign actors is a crime? I happen to believe so, but how about the folks with power.
