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.
Power provided a platform whereby its members could access their various social media accounts in one place. Power received authorization from Facebook users for this service after sending them messages through the social media platform. Facebook responded by sending Power a cease-and-desist letter demanding that Power immediately stop its access of Facebook computers. Power nevertheless continued, evading Facebook’s attempts to block it.
Facebook filed a lawsuit in federal court in 2008 alleging that Power had used Facebook trademarks to send upwards of 60,000 spam messages to Facebook users to deceive them into thinking the messages were from Facebook, then stored and saved user account information outside the reach and protection of Facebook. Continue Reading