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A federal judge has ruled that a New York judges refusal to dismiss an indictment against a man accused of hacking into the email account of the United Nations did not constitute judicial harassment, as the plaintiffs had argued. In a ruling announced on Tuesday, Judge Alison Nathan said the defendants attorneys had alleged enough to hold a trial on the case. Nathan had dismissed the case against Alexander Volynkin, a Russian national living in New York City, on the basis that the U. Has not successfully prosecuted a single defendant for allegedly hacking into the email account of the United Nations. The plaintiff, an anti-virus company called Network Applied Systems, argued that the dismissal represented judicial harassment because Volynkins lawyers had sent the Justice Department a scathing letter objecting to the decision and accusing the judge of violating the defendants constitutional rights. A Russian hacker in custody in case involving an alleged attack on U. But Nathan, an appointee of former president Barack Obama, said she was simply applying procedural guidelines that apply to the case and that the defendants did not show that they had a reasonable belief that the Justice Department was going to use the decision in a manner that violated their constitutional rights. This is a novel claim and it is worthy of review, Nathan wrote in her decision. Given the defendants counsels letter, it seems likely that the United States is going to make the requisite showing before an appellate court. The defendants, John Doe and Jane Roe, who are accused of defacing the Web site of the New York-based human rights organization WorldVision, had alleged that the District Courts dismissal of the criminal prosecution based on the unauthorized access statute of 18 U. A procedural move that was based on an improper interpretation of the indictment. Volynkin was arrested in 2014 and charged with using a computer to intentionally damage the computer systems or networks of another, in this case Network Applied Systems. A judge dismissed Volynkins case in May 2016, citing the Justice Departments conclusion that an indictment could not be brought under the laws that prohibit unauthorized access or damage to computer systems or networks and that the defendant was not the subject of any investigation. Nathan also dismissed the case on the basis that Volynkin had not met the requirements to show a reasonable belief that his arrest would result in the United States prosecuting the case. And she ruled that Jane Roe did not also meet that standard because she had failed to show that she had a reasonable belief that the arrest would result in the United States prosecuting the case.

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