Crime and Security Essay

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In the Facebook v. Power Ventures case, the former brought a lawsuit against the latter, alleging violations of several Acts – specifically the Computer Fraud and Abuse Act (CFAA) as appertains to this discussion. Of concern was the move by Power Ventures to facilitate the aggregation of the social media accounts of a user such that the user could use just a single website to view activities (including messages and posts by friends) in the said social media accounts. In essence, users of the Power Ventures website, Power.com, had an option of accessing their profile on Facebook via the said website. It is important to note that although third parties are permitted by Facebook to make use of applications in their interactions with users of the social media site, Power Ventures eventually elected to bypass terms of use as highlighted by Facebook with regard to information access and gathering. The court, in this case, “held that, by continuing to access knowingly Facebook’s computers and by taking, copying, and making use of Facebook’s data, Power Ventures violated the CFAA…” (Weakley, 2017, p. 7/17). Although authorization could be delegated by users, the said authorization could not only be superseded, but also revoked by the system owner.

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On May 9th 2017, Power Ventures (the petitioner) filed for a writ of certiorari against Facebook (the respondent). The issue to be determined was whether Power Ventures which had the authorization of Facebook users to gain access to their data, a move that Facebook challenged and prohibited, was in violation of the CFAA. In this case, according to Romeo and Robertson (2017), “on October 10, 2017, the U.S. Supreme Court denied a petition for writ of certiorari challenging the Ninth Circuit’s holding that Power Ventures, Inc. had violated the Computer Fraud and Abuse Act (CFAA) by accessing Facebook user accounts.”



In recent times, there have been a number of prosecutions for the violation of the CFAA for authorized access. One such case was Brown Jordan Int’l Inc. v. Carmicle in 2017. In this particular case, it was held that an employee, Carmicle, who was until his termination a national manager at Brown Jordan, had during his employ violated CFAA provisions via the access of the email accounts of other employees without authorization. The said authorized access did not involve hacking because at the time, the password issued for all users was in essence….....

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References

Practical Law Labor & Employment. (2017). Eleventh Circuit Interprets Terms of Art in Computer Fraud and Abuse Act and Stored Communications Act. Retrieved from https://uk.practicallaw.thomsonreuters.com/w-005-6215?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1

Romeo, M.A. & Robertson, I. (2017). U.S. Supreme Court Rejects CFAA Appeal by Power Ventures against Facebook. Retrieved from https://www.lexology.com/library/detail.aspx?g=f11a87fc-e9ab-4760-a75b-472c70f598ec

Weakley, S.L. (Ed.). (2017). Internet Law and Practice in California: 2017 Update. New York, NY: CEB

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