Well, the letter of the law is sufficient to get an indictment, but usually the job of a judge is exactly that, to interpret vague legal language and render an unambiguous verdict. So if it’s against the spirit of the law, then logically a judge should rule in favour of the defendant.

Whether they will is another story, though, as the American legal system has been… Under question regarding partisanship.

But the defense lawyer will likely seek acquittal because “may be viewed by another person” cannot reasonably include when you’re being spied on against your will. Because then the words “in any manner in which it may be viewed by another person” are completely redundant and useless. A limiting statement that limits nothing.

Plus, otherwise, all iCloud accounts, all personal backups, etc. that a company is technically capable of viewing is technically up for grabs without a warrant.

Ruling against the defendant in this case would be WILD as a precedent to set for surveillance etc.