Jim Cooper

Promoted and bumped. -Patrick

Jim Cooper, Democrat from Tennessee's 5th District, recently got his ears pinned back in a formal committee hearing. Cooper held up a sheaf of papers and went for the kill while questioning Glenn English, CEO of the NRECA, a national coalition of electricity providing cooperatives. Cooper stated the material he was talking about came from the NRECA's private, password protected site which he had accessed. At that point, English said he regretted Cooper's introduction of the topic and noted that NRECA counsel had advised him Cooper was under investigation for criminal violations of the Computer Fraud and Abuse Act.

As expected, Cooper denies any wrongdoing. He first asked the NRECA for the information and was refused. He later obtained the username and password from an NRECA employee which he used to access the site and get the information he was previously denied access to. In a Clintonesque distortion of language, Cooper now equates using the login information of another with being personally authorized to view the site. Would Jim object if someone with a key to his office, say the cleaning woman, gave her key to someone who used it to enter his office and rifle his files? Exactly! But one man's authorized entry is another man's breaking and entering. Cooper further justified his actions by saying NRECA's customers had the right to know what was going on. While opinions vary as to the law in these cases, the statute mentioned seems pretty straightforward. It appears there are a couple of places which may provide Cooper some legal problems. The Computer Fraud and Abuse Act states in part,