Facebook v. Power Ventures

Brief Of Amicus Curiae Electronic Frontier Foundation in Support of Defednant Power Ventures' Motion for Summary Judgment on Cal. Penal Code 502(C)

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San Francisco - The Electronic Frontier Foundation (EFF) is urging a federal judge to dismiss Facebook's claims that criminal law is violated when its users opt for an add-on service that helps them aggregate their information from a variety of social networking sites.

Power Ventures makes a web-based tool that users can set up to log into their multiple social networking accounts and aggregate messages, friend lists, and other data so they can see all the information in one place. In a lawsuit against Power Ventures, Facebook claims that Power's tool violates criminal law because Facebook's terms of service ban users from accessing their information through "automatic means." By using Power's tool, Facebook argues that its users are accessing Facebook "without permission" under the California penal code. EFF argues in an amicus brief filed Monday that users have the right to choose how they access their data, and turning any violation of terms of use into a criminal law violation would leave millions of Facebook users unwittingly vulnerable to prosecution.

Please see full brief below for more information.

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Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | Federal, 9th Circuit, California | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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