"The government says that Bradley Manning used the automated downloading program Wget to retrieve hundreds of thousands of State Department cables from the Net-Centric Diplomacy database, and that use of Wget alone constitutes exceeding his authorized access to data, a violation of the Computer Fraud and Abuse Act."
...
"The Government has not introduced any evidence to suggest that PFC Manning was not permitted to view the cables in question. The Government has not introduced any evidence to suggest that PFC Manning was not permitted to download the cables in question. The Government simply asserts that PFC Manning was not permitted to download them using a certain program, Wget. (Sec. 6)
The Government is simply incorrect in asserting that the use of an unauthorized program to download information automatically converts what would otherwise be authorized access to that information into “exceeding authorized access.” Whether or not PFC Manning used Wget to download the information he had access to is irrelevant; under the language of Section 1030, as well as this Court’s ruling and all legal authorities, PFC Manning could not have exceeded his authorized access because he was authorized to obtain the information he obtained. That is, “exceeds authorized access” is not concerned with the manner in which information to which one has access is downloaded; it is rather concerned with whether the accused was authorized to obtain or alter the information that was obtained or altered. (Sec. 8)"
[1] http://www.bradleymanning.org/featured/incompetent-overprose...
EDIT: clarified