[2]FN3. The First Amendment argument in EFF's amicus brief is based largely on its assertion that Neidorf "did not participate in or know of the theft [of the E911 file] in advance." While Neidorf is certainly free to try to prove the truth of that assertion at trial, that statement is directly contradictory to the charges in the superseding indictment.

[3]FN4. The court notes that as with its First Amendment argument, EFF's vagueness argument is based largely on the notion that Neidorf was an innocent recipient of the stolen E911 file. As the court has already pointed out, that notion is contradicted by the express allegations in the superseding indictment. Those allegations charge that when Neidorf received the E911 file, he was completely aware of the fact that it had been stolen.

This is a personal WEB site developed and maintained by an individual and not by Seattle University. The content and link(s) provided on this site do not represent or reflect the view(s) of Seattle University. The individual who authored this site is solely responsible for the site's content. This site and its author are subject to applicable University policies including the Computer Acceptable Use Policy (www.seattleu.edu/policies).