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Palin e-mail intruder faces trial

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Published: Dec. 21, 2009 at 9:02 PM

KNOXVILLE, Tenn., Dec. 21 (UPI) -- A Tennessee politician's son accused of hacking Sarah Palin's e-mails while she was the Republican vice-presidential nominee says he didn't steal her identity.

David C. Kernell, the son of a Democratic Tennessee state senator, allegedly gained access to Palin's e-mail by using her date of birth and publicly available information to guess the password of her Yahoo! account, the Knoxville (Tenn.) News Sentinel reported Monday.

Kernell is not charged with hacking into the account, but with a combination of identity theft and computer and wire fraud, the newspaper said. Kernell's lawyer, Wade Davies, argues that a Yahoo! screen name is an "alias" and does not meet the legal definition of a "means of identification."

That argument was rejected by U.S. Magistrate Judge Clifford Shirley.

"In the present case, the court finds that the combination of an e-mail address and a birth date identifies a specific individual," Shirley wrote.

Davies has appealed the ruling to a U.S. District Court.

Kernell's trial is scheduled for April 20.

© 2009 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.

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