Updated en banc briefing in the 9th Circuit's Facebook CFAA case


FILE - In this June 11, 2014 photo, a man walks past a Facebook sign in an office on the Facebook campus in Menlo Park, Calif. Facebook's recent effort to force people to adopt its standalone mobile messaging app has privacy-concerned users up in arms. In truth, Facebook Messenger isn't any more invasive than Facebook's main app _or other similar applications. (AP Photo/Jeff Chiu, File)
The Facebook campus in Menlo Park, Calif. (Jeff Chiu/Associated Press)

I have posted before about Facebook v. Vachani & Power Ventures, a troubling U.S Court of Appeals for the 9th Circuit case I summarized in the title of an earlier post as holding that "[i]t's a federal crime to visit a website after being told not to visit it." As I mentioned last month, I later joined the case pro bono as counsel for Power Ventures and we filed our petition for rehearing in August.

Those following the case might be interested in two additional developments. First, the 9th Circuit ordered Facebook to file a response. Facebook's opposition to rehearing was filed last week and is available here. Second, the EFF and the ACLU submitted an amicus brief in support of the petition that you can read here.