Focus argument using IRAC paragraphs

Question 1 - Billy Gates has worked for Software & Co. since 1985. He started as a programmer, earning several promotions over the years, most recently working as a division vice president. Last week, he was informed that the company was "restructuring", that his unit was being outsourced to India, and that his services at the company were no longer needed, effective September 1, 2021. After receiving the news, he went to a bar with some friends. After a few drinks, his friend told him about a worm that he'd designed in order to collect email addresses, usernames, and passwords from any network on which it was released. The next day, Billy woke up hungover. He called his friend and asked him to send the worm, which his friend immediately did. Billy went to his office and opened his personal email, where he had the worm from his friend. On his first attempt to release the worm, he accidentally coded in a line that caused corruption to Software & Co.'s main website. This corruption caused the website to crash. It took 24 hours for website technicians to bring the site back online. On his second attempt to release the worm, Billy's attempts were successful. He collected over 50,000 emails, usernames, and passwords stored on the company's network. He and his friend then spammed the email list. As an Assistant United States Attorney, your supervisor has asked you to brief her on the possible charges the office can bring against Billy Gates under the CFAA. Be sure to explain your reasoning for each subsection that you recommend. (250) Question 2 - Steven Jobs legally changed his name in 2009, to emulate his idol, the founder of Apple Inc. On July 22, 2021, Mr. Jobs purchased a ticket to the Computer History Museum in Mountain View, California. Upon entering the Museum, he immediately walked toward the Apple Room. The Apple Room contained a version of almost all of the computer models developed by Apple Inc., going back to the Lisa. The Lisa was a 1983 Apple model and the first-ever computer with a mouse and graphical interface. The Lisa in the Apple Room was donated by Harvard University and was part of an exhibit on early email communication between Harvard and the Massachusetts Institute of Technology ("MIT"). This Lisa displayed the Page 1 of 2 following message, "Colleagues, Look what we have accomplished! Thank you for your help." On the other side of the Apple Room was a Macintosh SE. The Macintosh SE was a 1987 Apple model. This particular Macintosh SE was donated by Stanford University and was part of an exhibit on SURF. SURF, or "Sharing Universities' Research and Funding," was a partnership started by Stanford and Harvard. It eventually expanded to include other institutions. The Macintosh SE had a display that intermittently showed communications and article excerpts from Stanford and Harvard. Mr. Jobs spent the entire afternoon in the Apple Room, reading each word of every exhibit. He was disappointed that none of the computers in the Apple Room were interactive. At 4:45 p.m., an announcement came over the Museum's PA system, "Good evening fellow nerds, the museum closes in fifteen minutes. Please make your way to the exit." Mr. Jobs promptly found the nearest restroom and hid in the utility closet. At 5:45 p.m., he emerged from the utility closet to find the museum empty. "Yippee!" he exclaimed and headed straight for the Apple Room. He spent the entire night interacting with the exhibits. He changed Lisa's display to read, "Steve Jobs is #1!!" While doing so, the computer apparently froze, and he was not able to enter the third exclamation point that he intended to type. He walked to the Macintosh SE, where he accidentally erased the article excerpts. At 3:46 a.m., he fell asleep, curled up on the floor of the Apple Room. At 8:45 a.m. on July 23, 2021, a security guard doing opening rounds found Mr. Jobs curled up on the floor of the Apple Room. Thinking that he might be dead, the guard approaches and pokes Mr. Jobs with his boot. Mr. Jobs abruptly wakes up and swings at the guard, who quickly pulls out his taser and subdues Mr. Jobs. The guard calls the Mountain View Police Department, who promptly responds and arrests Mr. Jobs. The museum staff promptly discovers that the Lisa and Macintosh SE are inoperable, and report this to law enforcement. Mr. Jobs was subsequently charged in federal court with two counts of violating the CFAA subsection (a)(5)(C): "Whoever intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage and loss." His lawyer moves the dismiss the federal counts, and to remove the case to state court for the trial of the trespass and assault charges. As an Assistant United States Attorney, you are assigned to respond to Defendant's Motion to Dismiss. (250)