Ninth Circuit Poised to Address the “Without Authorization” Debate under the Computer Fraud and Abuse Act Again

Imagine if you could manage all of your social media platforms on one app.  Believe it or not, there was an app for that (or, at least a website), created by a company named Power Ventures (“Power”).  Back in 2008, Power instituted its “Power 100” campaign, which offered its users the chance to win $100 if they invited 100 friends to join.  After asking its users’ permission, Power would access its users’ Facebook accounts to send messages to friends of its users to encourage them to join Power.  These messages were sent to friends of Power users from email addresses containing Facebook in the source name (e.g., amy@facebookmail.com), thus giving the impression that the messages came from Facebook personnel, not from Power.

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