This is, literally, an argument that if you stumble across a text file full of credit card numbers, expiration dates, and CVV codes, it should be lawful for you to put it up on Pastebin.
We already have laws to prosecute people who misuse credit card numbers for gain. Either attack the edge (ppl who use the cc nums for fraud) or the root (the people who posted them on the public web).
"This is, literally, an argument that if you stumble across a text file full of credit card numbers, expiration dates, and CVV codes, it should be lawful for you to put it up on Pastebin."
Which, when carders are caught on forums doing the above, they are charged with wire fraud.
I agree with you completely that I don't think Weev's acts were wire fraud.
"...or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice..."
I think the government would have a relatively easy time arguing that posting people's credit card information (specifically all the data necessary to make use of that person's funds) is a scheme for "obtaining money or property by means of false or fraudulent pretenses".
The defendant's attorney might argue that just posting the information isn't itself a scheme (in the same way that say, listing the home addresses of members of rival ethnic groups over the radio in Rwanda isn't an incitement to violence), but if I were that defendant, I wouldn't be sleeping easy.