It’s the latest test of the Computer Fraud and Abuse Act, a 1986 law originally intended to punish hackers who remotely crack defense or banking computers over their 300 baud modems. Changes in technology and a string of amendments have pushed the law into a murky zone where prosecutors have charged people for violating website terms-of-service or an employer’s computer use policies.

via Use a Software Bug to Win Video Poker? That’s a Federal Hacking Case | Threat Level | Wired.com.

Under the relevant section of the CFAA, Kane and Nestor aren’t charged with hacking into the Game King from the outside, but rather with exceeding their otherwise legitimate access “to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter.”