Updated: 6/30/2009 7:39:49 PM
The UT student accused of accessing former vice presidential candidate Sarah Palin's e-mail was in court Tuesday, arguing for the charges against him to be dismissed.
The judge will decide most of the issues discussed in court Tuesday at a later time. But both sides agreed to not use the word "hacking" at trial.
Instead, the term will be "unauthorized access to a protected computer."
The one exception? Prosecutors can quote David Kernell, the defendant, who they say told people he hacked into Sarah Palin's e-mail account.
Kernell walked into federal court wearing a pinstripe suit and sneakers Tuesday morning.
Lawyers for both sides argued about the four felonies he faces and whether the judge should dismiss them.
The four-count indictment accuses him of stealing Palin's online identity, transferring that information to others outside Tennessee, committing fraud relating to computers, and obstructing an FBI investigation into the matter.
Prosecutors allege Kernell discovered Sarah Palin's personal e-mail account: gov.palin@yahoo.com.
They said Kernell answered some security questions, like Palin's date of birth and where she met her spouse, and reset her password. Then he posted the new password on the internet so others could look at her e-mail account.
The defense said the charges don't match the alleged crime. Kernell's attorney said an email address isn't a name or a number (the legal definition of identity), so accessing it can't be identity theft.
The defense also claimed the facts of the case merit misdemeanor fraud charges at most, not felonies.
Counts two and four carry the most serious potential punishment, of up to 20 years in prison, a $250,000 fine, and five years of supervised release. Counts one and three carry the same potential fine but only 5 years in prison and 3 years of supervised release.
Kernell is free on bond. One of the conditions is that he use a computer only for class work.
The trial is set for October 27, David Kernell's 22nd birthday.
