This question is not about the initial crime of computer hacking, but rather whether a person who acquires private data from the hacker has committed a crime.
There is a curious footnote in the famous Mueller report, where apparently the investigators are contemplating potential federal violations for receiving "hacked" digital data. The footnote (page 176) follows:
Intuitively, the average person, would anticipate that private digital information (for example banking passwords, credit card security codes, ATM and debit card passwords, etc) would fall under the notion of personal property, and thus trafficking (sale and resale) of such data would be subject to prosecution.
However, this footnote seems to suggest that, because the data is intangible, it is not considered stolen property, consequently non-prosecutable.
Have I understood this correctly? Are there other laws that apply to digital data that has been stolen?