Secil Bilgic | Harvard Law School (original) (raw)
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When the Computer Fraud and Abuse Act (“CFAA”) was enacted in 1986, the internet was still in its... more When the Computer Fraud and Abuse Act (“CFAA”) was enacted in 1986, the internet was still in its early stages. Computer Fraud and Abuse Act, 18 U.S.C. § 1030. This is why, though the Act has been amended several times, its vague wording often times leads to instances of under- or, as seems to be the case in Facebook v. Power Ventures, over-criminalization. Facebook, Inc., v. Power Ventures, Inc., 844 F.3d 1058 (9th Cir. 2016). In the age of data-scraping and largely ignored terms of uses, it seems that CFAA does not provide clear answers to the questions posed by various technological developments.
Since it ratified the Convention Against Torture in 1989, Algeria appeared five times before the ... more Since it ratified the Convention Against Torture in 1989, Algeria appeared five times before the Committee (CAT) established therein. Among these five, Abdelmalek v. Algeria is a case to remember. The case raised multiple interpretive questions pertaining to inter alia universal jurisdiction, the burden of proof for torture claims and obstruction of the proceedings before the Committee, all of which were, perhaps inadvertently, not addressed by the Committee. In this blogpost I aim to provide an analysis of these three issues that Abdelmalek raised and possible implications of the Committee’s reticence in dealing with it.
When the Computer Fraud and Abuse Act (“CFAA”) was enacted in 1986, the internet was still in its... more When the Computer Fraud and Abuse Act (“CFAA”) was enacted in 1986, the internet was still in its early stages. Computer Fraud and Abuse Act, 18 U.S.C. § 1030. This is why, though the Act has been amended several times, its vague wording often times leads to instances of under- or, as seems to be the case in Facebook v. Power Ventures, over-criminalization. Facebook, Inc., v. Power Ventures, Inc., 844 F.3d 1058 (9th Cir. 2016). In the age of data-scraping and largely ignored terms of uses, it seems that CFAA does not provide clear answers to the questions posed by various technological developments.
Since it ratified the Convention Against Torture in 1989, Algeria appeared five times before the ... more Since it ratified the Convention Against Torture in 1989, Algeria appeared five times before the Committee (CAT) established therein. Among these five, Abdelmalek v. Algeria is a case to remember. The case raised multiple interpretive questions pertaining to inter alia universal jurisdiction, the burden of proof for torture claims and obstruction of the proceedings before the Committee, all of which were, perhaps inadvertently, not addressed by the Committee. In this blogpost I aim to provide an analysis of these three issues that Abdelmalek raised and possible implications of the Committee’s reticence in dealing with it.