Pro Lat
Here are Todays Amazing Pro Lat Deals
 |
 CABLE ATTACHMENT a PAIR of Stirrup Single Handles NEW $28.99 End Date: Thursday Jun-14-2012 22:06:59 PDT Buy It Now for only: $28.99 Buy It Now | Add to watch list |
 NEW Pro Power Weight Bench Gym Fitness Exerciser with Leg Extension Bracket $181.00 (4 Bids) End Date: Sunday May-27-2012 15:07:05 PDT Bid now | Add to watch list |
 CABLE ATTACHMENT Revolving Curl Lat Bar 28 High Quality solid Steel NEW SALE $31.99 End Date: Sunday Jun-10-2012 16:12:36 PDT Buy It Now for only: $31.99 Buy It Now | Add to watch list |
 DOOR WAY EXERCISE BAR SIT UP PULL UP CHIN UP BAR New $22.99 End Date: Saturday Jun-16-2012 5:44:40 PDT Buy It Now for only: $22.99 Buy It Now | Add to watch list |
 CABLE ATTACHMENT Double D Handle Seated Row Bar NEW $25.99 End Date: Thursday Jun-7-2012 5:21:49 PDT Buy It Now for only: $25.99 Buy It Now | Add to watch list |
 CABLE ATTACHMENT Revolving Straight Bar 20 GREAT VALUE $24.99 End Date: Tuesday Jun-5-2012 16:15:49 PDT Buy It Now for only: $24.99 Buy It Now | Add to watch list |
 Regular Threaded Spin Lock Dumbbell Handles 18 Heavy Duty Solid Steel a PAIR $39.99 End Date: Monday Jun-4-2012 1:05:13 PDT Buy It Now for only: $39.99 Buy It Now | Add to watch list |
 Bowflex power Pro Lat Tower With recall bracket $179.00 End Date: Monday Jun-18-2012 11:02:14 PDT Buy It Now for only: $179.00 Buy It Now | Add to watch list |
 Weider Pro 9940 Home Gym Local pick up only $56.55 (2 Bids) End Date: Sunday May-27-2012 15:30:41 PDT Bid now | Add to watch list |
 Weider Pro 4250 Home Gym Weight System Exerciser $200.00 End Date: Sunday Jun-24-2012 8:38:18 PDT Buy It Now for only: $200.00 Buy It Now | Add to watch list |
 Bowflex PR1000 Home Gym pro ultimate 2 power extreme mft warranty factory leg $499.86 End Date: Monday Jun-25-2012 12:25:06 PDT Buy It Now for only: $499.86 Buy It Now | Add to watch list |
 Bowflex Power Pro Leg Extension L Pin Bowflex XTL $19.49 End Date: Thursday Jun-21-2012 11:29:52 PDT Buy It Now for only: $19.49 Buy It Now | Add to watch list |
 CABLE ATTACHMENT V Shaped Tricep Pressdown Bar NEWSALE $24.99 End Date: Thursday Jun-14-2012 22:00:15 PDT Buy It Now for only: $24.99 Buy It Now | Add to watch list |
 Standard SOLID DUMBBELL HANDLES SDH 3 PAIR NEWSALE $33.99 End Date: Monday Jun-4-2012 15:10:25 PDT Buy It Now for only: $33.99 Buy It Now | Add to watch list |
 CABLE ATTACHMENT Double Stirrup Handle Dual Purpose Bar $29.99 End Date: Wednesday May-30-2012 20:28:53 PDT Buy It Now for only: $29.99 Buy It Now | Add to watch list |
 Regular Threaded Spin Lock Dumbbell Handles 16PAIR $34.99 End Date: Wednesday Jun-6-2012 5:03:26 PDT Buy It Now for only: $34.99 Buy It Now | Add to watch list |
 Weider Pro 4800 Home Gym $300.00 End Date: Monday May-28-2012 9:17:49 PDT Bid now | Add to watch list |
 CABLE ATTACHMENT Revolving Pro Style Lat Bar 24 NEW $29.99 End Date: Tuesday Jun-5-2012 16:39:51 PDT Buy It Now for only: $29.99 Buy It Now | Add to watch list |
 Standard SOLID DUMBBELL HANDLES SDH 5 PAIR NEWSALE $37.99 End Date: Monday Jun-18-2012 17:29:10 PDT Buy It Now for only: $37.99 Buy It Now | Add to watch list |
 Olympic Spring Collars 2 PRICE PER PAIR new sale $5.99 End Date: Saturday Jun-2-2012 22:28:57 PDT Buy It Now for only: $5.99 Buy It Now | Add to watch list |
 Kettle Bell Russian VINYL kettlebell 5LB BRAND NEW sale $19.99 End Date: Monday Jun-4-2012 1:57:45 PDT Buy It Now for only: $19.99 Buy It Now | Add to watch list |
 Cable Attachment Revolving Lat Bar 36 NEWGREAT VALUE $29.99 End Date: Thursday May-31-2012 18:18:24 PDT Buy It Now for only: $29.99 Buy It Now | Add to watch list |
 Bowflex Power Pro Lat Tower w recall bracket upgrade $159.00 End Date: Thursday Jun-14-2012 10:23:38 PDT Buy It Now for only: $159.00 Buy It Now | Add to watch list |
 Regular Threaded Spin Lock Dumbbell Handles 20 Heavy Duty Solid Steel a PAIR $46.99 End Date: Monday Jun-4-2012 1:17:08 PDT Buy It Now for only: $46.99 Buy It Now | Add to watch list |
 Bowflex Power Pro XTL Home Gym $499.00 End Date: Monday May-28-2012 10:44:09 PDT Bid now | Add to watch list |
 Bowflex 9 inch Lat tower extender cables Fits all models with a Lat Tower $19.95 End Date: Wednesday Jun-13-2012 17:37:34 PDT Buy It Now for only: $19.95 Buy It Now | Add to watch list |
 30 Pro Style Lat Bar $38.00 End Date: Friday Jun-1-2012 5:03:55 PDT Buy It Now for only: $38.00 Buy It Now | Add to watch list |
 CHEST BAR ATTACHMENT for BOWFLEX Power Pro w bTrainer $39.99 End Date: Friday Jun-1-2012 15:56:55 PDT Buy It Now for only: $39.99 Buy It Now | Add to watch list |
 Standard SOLID DUMBBELL HANDLES SDH 4 PAIR NEWSALE $35.99 End Date: Thursday May-31-2012 14:04:09 PDT Buy It Now for only: $35.99 Buy It Now | Add to watch list |
 Phoenix 99226 Power Pro Olympic Bench Workout Exercise Equipment $383.65 End Date: Thursday Jun-14-2012 15:20:33 PDT Buy It Now for only: $383.65 Buy It Now | Add to watch list |
 Power Cage Commercial Rated NO Lat Attachment Full Cage Weightlifting XM 7620 $698.00 End Date: Sunday May-27-2012 14:29:08 PDT Buy It Now for only: $698.00 Buy It Now | Add to watch list |
 NEW Pro Power Weight Bench Gym Fitness Exerciser with Leg Extension Bracket $169.99 (1 Bid) End Date: Monday May-28-2012 15:07:15 PDT Bid now | Add to watch list |
 Phoenix 99226 Power Pro Olympic Weight Bench NEW IN BOX $310.11 End Date: Monday Jun-18-2012 13:33:09 PDT Buy It Now for only: $310.11 Buy It Now | Add to watch list |
 Standard Chromed Tricep Bar Heavy Duty NEW SALE $39.99 End Date: Monday Jun-4-2012 0:24:59 PDT Buy It Now for only: $39.99 Buy It Now | Add to watch list |
 NEW Pro Power Weight Bench Gym Fitness Exerciser with Leg Extension Bracket $172.99 End Date: Sunday Jun-10-2012 9:11:11 PDT Buy It Now for only: $172.99 Buy It Now | Add to watch list |
 Cable Attachment SINGLE PULL TRICEPS PRESSDOWN ROPE new $15.99 End Date: Sunday Jun-3-2012 2:15:56 PDT Buy It Now for only: $15.99 Buy It Now | Add to watch list |
 Valor Fitness Solid Lat Bar $14.99 End Date: Thursday Jun-14-2012 19:15:42 PDT Buy It Now for only: $14.99 Buy It Now | Add to watch list |
 Standard Bars Regular Solid Chrome EZ Curl Bar 48 with 2 Spring Collars NEW $33.99 End Date: Sunday Jun-17-2012 22:44:52 PDT Buy It Now for only: $33.99 Buy It Now | Add to watch list |
 OLYMPIC E Z CURL Heavy Duty Solid Steel SOLID CHROME BAR With 2 Collars NEW $55.99 End Date: Saturday Jun-2-2012 1:35:03 PDT Buy It Now for only: $55.99 Buy It Now | Add to watch list |
 Bowflex Power Pro XTL Home Gym $100.00 End Date: Monday May-28-2012 15:27:31 PDT Bid now | Add to watch list |
 Standard Super Curl Combo Chrome Bar Heavy Duty NEW $31.99 End Date: Tuesday Jun-5-2012 16:48:38 PDT Buy It Now for only: $31.99 Buy It Now | Add to watch list |
 CABLE ATTACHMENT Revolving Pro Style Lat Bar 38Angled $43.99 End Date: Saturday Jun-2-2012 0:20:07 PDT Buy It Now for only: $43.99 Buy It Now | Add to watch list |
 Bowflex 41 inch Lat tower cable Xtreme Xceed Blaze Sport Elite $18.25 End Date: Thursday Jun-21-2012 15:25:23 PDT Buy It Now for only: $18.25 Buy It Now | Add to watch list |
 OLYMPIC WEIGHT TREE RACK for Plate Storage NEW SALE $63.99 End Date: Monday Jun-4-2012 21:10:36 PDT Buy It Now for only: $63.99 Buy It Now | Add to watch list |
 Standard SOLID DUMBBELL HANDLES SDH 6 PAIR NEWSALE $39.99 End Date: Tuesday Jun-5-2012 17:35:21 PDT Buy It Now for only: $39.99 Buy It Now | Add to watch list |
 Standard Spring Collars 1 PRICE PER PAIR new sale $2.99 End Date: Friday Jun-8-2012 15:40:13 PDT Buy It Now for only: $2.99 Buy It Now | Add to watch list |
 STANDARD BARS Regular Threaded 72 Bar with 2 Collars $41.99 End Date: Friday Jun-15-2012 23:47:24 PDT Buy It Now for only: $41.99 Buy It Now | Add to watch list |
 TOTAL GYM LATERAL PULL UP BAR ATTACHMENT WING TOTALGYM LAT BAR ACCESSORY $43.99 End Date: Monday May-28-2012 20:07:04 PDT Buy It Now for only: $49.99 Buy It Now | Bid now | Add to watch list |
 EliteFts 24 Straight Pro Style Lat Bar $30.00 End Date: Thursday Jun-7-2012 15:56:22 PDT Buy It Now for only: $30.00 Buy It Now | Add to watch list |
 D Grip Seated Row GYM Cable Attachment Handle $99.99 End Date: Monday Jun-11-2012 16:22:14 PDT Buy It Now for only: $99.99 Buy It Now | Add to watch list |
 HOME GYM Dip Attachment with Safety Bar NEW Great Value $69.99 End Date: Sunday Jun-17-2012 8:41:47 PDT Buy It Now for only: $69.99 Buy It Now | Add to watch list |
 Regular Threaded Spin Lock Dumbbell Handles 28 Heavy Duty Solid Steel a PAIR $59.99 End Date: Monday Jun-4-2012 1:32:35 PDT Buy It Now for only: $59.99 Buy It Now | Add to watch list |
 Weider Pro 9635 Multi purpose Home Gym $180.00 End Date: Monday Jun-4-2012 15:05:11 PDT Buy It Now for only: $180.00 Buy It Now | Add to watch list |
 NEW Phoenix 99226 Power Pro Olympic Bench HEAVY DUTY $309.95 End Date: Friday Jun-1-2012 11:50:26 PDT Buy It Now for only: $309.95 Buy It Now | Add to watch list |
 Deluxe Multi Station Pro Total Trainer Home Gym Machine $484.00 End Date: Tuesday May-29-2012 16:28:15 PDT Buy It Now for only: $539.00 Buy It Now | Bid now | Add to watch list |
 Standard Bars Standard Regular Solid Bar 60 NEWSALE $35.99 End Date: Saturday Jun-9-2012 17:40:44 PDT Buy It Now for only: $35.99 Buy It Now | Add to watch list |
 Vinyl Dumbbell one Pair of Vinyl Coated Dumbbell 6 LB $22.99 End Date: Thursday May-31-2012 14:50:32 PDT Buy It Now for only: $22.99 Buy It Now | Add to watch list |
 Bowflex XTL Home Gym System PLUS NEW Squad Attachment PENNSYLVANIA $329.99 End Date: Sunday Jun-24-2012 10:40:02 PDT Buy It Now for only: $329.99 Buy It Now | Add to watch list |
 NEW Pro Power Gym Fitness Exerciser Weight Bench W Lat Pull down Bar $169.99 End Date: Sunday Jun-10-2012 8:54:02 PDT Buy It Now for only: $169.99 Buy It Now | Add to watch list |
 Ankle Wrist Weights 4 LB Pair 2 LB each NEW SALE $21.99 End Date: Saturday Jun-16-2012 2:37:55 PDT Buy It Now for only: $21.99 Buy It Now | Add to watch list |
 Standard SOLID DUMBBELL HANDLES SDH 2 PAIR NEWSALE $31.99 End Date: Monday Jun-4-2012 14:58:05 PDT Buy It Now for only: $31.99 Buy It Now | Add to watch list |
 New Bowflex Power Pro Bench Stabilizer New 2011 $15.00 End Date: Sunday Jun-17-2012 15:57:40 PDT Buy It Now for only: $15.00 Buy It Now | Add to watch list |
 Complete Bowflex Power Pro XTL Home Gym with Lat Tower Leg Extension and Squats $299.95 End Date: Wednesday May-30-2012 17:46:56 PDT Buy It Now for only: $399.95 Buy It Now | Bid now | Add to watch list |
 Bodymasters Pro Multi Use Bar Handle Belt Ball Accessory Rack Gym Rack $567.00 End Date: Sunday Jun-3-2012 0:06:13 PDT Buy It Now for only: $567.00 Buy It Now | Add to watch list |
 Yukon Fitness Power Rack large base PRK 200 $599.99 End Date: Tuesday Jun-5-2012 13:20:27 PDT Buy It Now for only: $599.99 Buy It Now | Add to watch list |
 Weider pro 9930 Weight Machine Home Gym $225.00 End Date: Tuesday May-29-2012 6:10:50 PDT Buy It Now for only: $225.00 Buy It Now | Add to watch list |
 Vinyl Dumbbell one Pair of Vinyl Coated Dumbbell 3 LB $17.99 End Date: Sunday Jun-10-2012 21:54:04 PDT Buy It Now for only: $17.99 Buy It Now | Add to watch list |
 Weider Pro 3750 Weight System Assembled MSRP 699 Missing 150Lbs weights $299.95 End Date: Friday Jun-1-2012 12:26:50 PDT Buy It Now for only: $299.95 Buy It Now | Add to watch list |
 Standard Bars Standard Regular Solid Bar 47 NEWSALE $29.99 End Date: Sunday Jun-10-2012 20:21:21 PDT Buy It Now for only: $29.99 Buy It Now | Add to watch list |
 Phoenix Gym Fitness Home Bench Gym Lifting Exercise Weight Training Work Out New $399.99 End Date: Friday Jun-8-2012 12:20:14 PDT Buy It Now for only: $399.99 Buy It Now | Add to watch list |
 Bowflex CLASSIC $200.00 End Date: Thursday May-31-2012 11:35:37 PDT Buy It Now for only: $250.00 Buy It Now | Bid now | Add to watch list |
 Pro Harbinger XL Dip Weight Dead Lifting Strength Training Workout Belt $27.99 End Date: Sunday Jun-17-2012 0:09:45 PDT Buy It Now for only: $27.99 Buy It Now | Add to watch list |
 Bowflex LAT TOWER attachment for bow flex power pro $139.00 End Date: Monday Jun-25-2012 17:58:52 PDT Buy It Now for only: $139.00 Buy It Now | Add to watch list |
 LifeFitness Lat pulldown $450.00 End Date: Thursday Jun-14-2012 19:02:20 PDT Buy It Now for only: $450.00 Buy It Now | Add to watch list |
 SEATED ROW MACHINE Heavy Duty w 360 Degree hand grips $299.00 End Date: Saturday Jun-9-2012 23:23:03 PDT Buy It Now for only: $299.00 Buy It Now | Add to watch list |
 Cable Attachment Revolving Lat Bar 48 NEWGREAT VALUE $34.99 End Date: Thursday Jun-7-2012 6:20:45 PDT Buy It Now for only: $34.99 Buy It Now | Add to watch list |
 Ankle Wrist Weights 6 LB Pair 3 LB each NEW SALE $22.99 End Date: Thursday May-31-2012 14:23:16 PDT Buy It Now for only: $22.99 Buy It Now | Add to watch list |
 Bowflex XTL home gym Seldom used Spotless condition $280.00 End Date: Friday Jun-1-2012 18:32:36 PDT Bid now | Add to watch list |
 NEW Best Fitness Sportsmans Pro Extreme Exercise Gym FREE SHIPPING $727.97 End Date: Thursday Jun-7-2012 12:06:13 PDT Buy It Now for only: $727.97 Buy It Now | Add to watch list |
 Powerline Lat Pull up for Cable Crossover $80.99 End Date: Friday Jun-15-2012 16:21:08 PDT Buy It Now for only: $80.99 Buy It Now | Add to watch list |
 Powertec Lat Tower Accessory $269.99 End Date: Monday Jun-11-2012 16:10:21 PDT Buy It Now for only: $269.99 Buy It Now | Add to watch list |
 Powertec Workbench Power Rack $549.99 End Date: Wednesday Jun-20-2012 15:40:13 PDT Buy It Now for only: $549.99 Buy It Now | Add to watch list |
 Bowflex Power Pro Replacement pair of Gray 59 Lat Cables $43.95 End Date: Thursday May-31-2012 14:48:25 PDT Buy It Now for only: $43.95 Buy It Now | Add to watch list |
 Bowflex CLASSIC Home Gym $500.00 End Date: Tuesday Jun-26-2012 9:26:22 PDT Buy It Now for only: $500.00 Buy It Now | Add to watch list |
 Bowflex Home Gym Workout Pro Resistance Bench NEW Full $545.98 End Date: Thursday Jun-7-2012 13:07:22 PDT Buy It Now for only: $545.98 Buy It Now | Add to watch list |
 Bowflex Power Pro XLT Home Gym $150.00 End Date: Saturday Jun-2-2012 10:38:55 PDT Buy It Now for only: $175.00 Buy It Now | Bid now | Add to watch list |
 NEW Bowflex Power Pro 59 inch lat Tower cables $49.00 End Date: Wednesday Jun-13-2012 15:35:18 PDT Buy It Now for only: $49.00 Buy It Now | Add to watch list |
 STANDARD WEIGHT TREE RACK for Plate Storage NEW SALE $59.99 End Date: Monday Jun-4-2012 21:32:57 PDT Buy It Now for only: $59.99 Buy It Now | Add to watch list |
 Bowflex Power Pro XTL Home Gym w Manual $450.00 End Date: Saturday Jun-16-2012 17:22:24 PDT Buy It Now for only: $450.00 Buy It Now | Add to watch list |
 TWO Standard Solid Dumbbell Handles14 w spring collars $32.99 End Date: Friday Jun-15-2012 23:16:06 PDT Buy It Now for only: $32.99 Buy It Now | Add to watch list |
 Pro Grip Lat Bar 48 Home GYM Cable Attachment $29.99 End Date: Wednesday Jun-6-2012 9:58:16 PDT Buy It Now for only: $29.99 Buy It Now | Add to watch list |
 BOWFLEX POWER PRO XTLU $425.00 End Date: Tuesday Jun-12-2012 11:52:25 PDT Buy It Now for only: $425.00 Buy It Now | Add to watch list |
 STANDARD BARS Regular Threaded 60 Bar with 2 Collars $36.99 End Date: Friday Jun-1-2012 15:50:49 PDT Buy It Now for only: $36.99 Buy It Now | Add to watch list |
 Weider Pro 9635 Multi purpose Home Gym $250.00 End Date: Saturday Jun-2-2012 15:53:38 PDT Buy It Now for only: $450.00 Buy It Now | Bid now | Add to watch list |
 T BAR ROW MACHINE Bench Home Gym Fitness NEW SALE $299.99 End Date: Saturday Jun-23-2012 12:28:22 PDT Buy It Now for only: $299.99 Buy It Now | Add to watch list |
 BodyCraft Galena Pro Home Gym with Pec Dec Leg Press and Weight Stack Guards $2,419.00 End Date: Thursday May-31-2012 10:27:47 PDT Buy It Now for only: $2,419.00 Buy It Now | Add to watch list |
 Bowflex 9 inch extender cables or Xtreme leg cables NEW $21.99 End Date: Friday Jun-22-2012 14:17:26 PDT Buy It Now for only: $21.99 Buy It Now | Add to watch list |
 VERTICAL DUMBBELL RACK Dumbbell Storage Rack NEW SALE $79.99 End Date: Thursday May-31-2012 22:45:27 PDT Buy It Now for only: $79.99 Buy It Now | Add to watch list |
 TWO Standard High Quality Solid Steel Dumbbell Handles 16with 4 spring collars $34.99 End Date: Thursday Jun-7-2012 6:57:47 PDT Buy It Now for only: $34.99 Buy It Now | Add to watch list |
 Body Solid Pro Clubline Lat Machine Local Pickup Jersey $1,000.00 End Date: Monday May-28-2012 14:11:03 PDT Buy It Now for only: $1,000.00 Buy It Now | Add to watch list |
More Great Information on Pro Lat:
Consumer Protection is your Smartphone too smart? by Morse Archer
Smartphone tracking of consumers locations will test the boundaries of the Computer Fraud and Abuse Act
By William E. Viss
The smartphone in your briefcase is probably tracking and storing your location. As a consumer, you may en-
joy this feature and even pay a premium to enhance its use. However, other smartphone owners are less impressed. They feel the manufacturers' failure to disclose that such tracking occurs violates their privacy rights and constitutes fraud.
To mobilize these claims, unhappy con- sumers are turning to an old favorite -- the Computer Fraud and Abuse Act (CFAA), 18
U.S.C. § 1030. The CFAA makes it unlawful for a person to access a protected computer without authorization, or to exceed autho- rized use. But does that mean mobile device manufacturers are guilty of a federal crime or subject to civil penalties for tracking a user's location without the user's consent? At least two Apple product owners say they are, and have filed a complaint to that effect. As a result, the courts are once again asked to determine the limits of the CFAA.
Viss is an associate with Archer & Greiner P.C. in Haddonfield. He is a mem- ber of the firm's commercial litigation department and concentrates his practice in litigation services.
The Complaint
On April 22, plaintiffs Vikram Ajjam- pur, a Florida resident, and William Devito, a resident of New York state, filed a complaint in the United States District Court, Middle District of Florida, seeking class-action status and naming Apple, Inc., as the sole defendant. Ajjampur owns the iPhone, De- vito the 3G iPad. Both claim they travelled extensively with their devices, but were un- aware their locations were being tracked and stored. Due to the plaintiffs' travels to nu- merous states, they also assert Apple's track- ing policy violated not only the CFAA, but also infringed upon antifraud statutes of the states they visited, including the New Jersey Consumer Fraud Act, N.J.S.A. §§ 56:8-1 et seq.
At the heart of the plaintiffs' complaint lie Apple's alleged privacy violations. Cit- ing various Internet articles for support, the plaintiffs contend that the mobile devices "log, record and store users' locations" and "download the user location data to the us- er's computer when the mobile device syn- chronizes ('syncs') or shares data with the computer." The plaintiffs further allege that Apple collects the users' location informa tion "covertly, surreptitiously and in viola- tions of law" and in "conjunction with other businesses that develop applications for Apple's devices" without obtaining a con- sumer's informed consent.
In particular, the plaintiffs assert that because mobile Apple products such as the iPhone and the iPad travel with the user at all times, the information collected by Ap- ple is highly personal: "[I]ndeed, in many instances it may be information to which employers and spouses are not privy." The plaintiffs warn that making such information publicly available "places users at serious risk of privacy invasions, including stalk- ing." They further contend that the tracking caused them harm "because they were per- sonally tracked just as if by a tracking device for which a court-ordered warrant would or- dinarily be required," and therefore demand that the court require Apple to reconfigure its tracking software in order to avoid collect- ing personal location information, or sync- ing the information with other computers.
The Boundaries of the CFaa
The complaint is one of many recent civil actions that will test the metes and bounds of the CFAA. Originally passed in
1986, the act was intended to curb computer hacking in the stricter sense of the word. See S. Rep. No. 99-432 at 2-3 (1986). At that time, regular use of computers was a recent phenomenon. As the number of computer crimes increased, Congress realized the cur- rent laws were insufficient to address un- lawful acts involving new technology and responded accordingly.
NEW JERSEY LAW JOURNAL, JULY 25, 2011
The resulting CFAA is a powerful statute supporting both criminal and civil causes of action. The civil remedy provides that any- one who "intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains . . . informa- tion from any protected computer" commits an unlawful act and may be held liable for damages, injunctive, or equitable relief. 18
U.S.C.A. § 1030 (a)(2)(C) & (g). The term "exceeds authorized access" is defined by the act to mean gaining "access to a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter." 18 U.S.C.A. § 1030(e)(6).
Over the years, litigants have devel- oped a number of uses for the CFAA, some of which fall well outside the act's intended purpose. Such cases have arisen in employ- ment contexts, for example, where employees were in violation of the employer's computer policy, either because they had been termi- nated and therefore no longer had authority to access the employer's computer system, or simply because the employees visited person- al websites during business hours. By citing the CFAA in those instances, the complaining party essentially straps the civil remedy pro- vision of the Act to an otherwise run-of-the- mill claim, and proceeds to court armed with a federal criminal statute.
While most courts tend to disallow the use of the CFAA in this way, see Lee v. PMSI, Inc., 8:10-cv-2904 (order filed May6, 2011)(ruling that employee's use of em- ployer's computer to access Facebook on company time did not violate CFAA), others have shown a willingness to expand the Act's reach. See U.S. v. Rodriguez, 628 F.3d 1258
(11th Cir. 2010)(affirming conviction and 12-month prison sentence of Social Security Administration employee found to have vio- lated the CFAA by using government data- base for personal use in violation of employ- ment policy).
In one of the more alarming opinions, the Ninth U.S. Circuit Court of Appeals held that when an employee has knowledge of an em- ployer's computer-use restrictions, any breach of the computer policy exceeds authorized use and subjects the employee to the full force of the CFAA. See U.S. v. Nosal, 10-10038, 2011
WL 1585600 (9th Cir. Apr. 28, 2011). Thank- fully, the dissent in Nosal was quick to point out that the majority's holding essentially criminalizes millions of employees who use work computers innocuously "to access their personal email accounts or to check the lat- est college basketball scores." It appears that if the CFAA were consistently applied as the majority in Nosal suggests, it would not only stretch the CFAA to a breaking point, but also stifle fantasy football leagues nationwide. Clearly, this was not Congress' intent.
Future Developments
It is less clear, however, whether the CFAA is properly applied in the case of smart- phones tracking a user's physical location. As described above, recent case law applying the act in other contexts is somewhat scattered. This is the result of the courts' willingness to stretch the act beyond its intended reach in an effort to accommodate litigants who bolt the CFAA to claims involving computers of any kind. To a certain extent, this is the cycle we expect. The market presents a popular prod- uct that arguably infringes upon a consumer's legitimate privacy concerns, and the law is forced to respond. However, from a practical perspective, simply cloaking an allegation in "exceeding authorized access" language un- der 18 U.S.C.A. § 1030(e)(6), should not au- tomatically arm a litigant with a CFAA claim. Nor is it likely that Congress intended its anti- hacking act to criminalize smartphone manu- facturers for tracking and storing a user's lo- cation. This is especially true where a party has access to more appropriate legal remedies in the form of federal privacy protections, state antifraud or consumer protection acts, or traditional common-law tort claims.
What is certain, is that privacy rights are at issue and many government officials are concerned. For example, the Federal Com- munications Commission scheduled a June
28 public education forum designed to ex- plore how "consumers can be both smart and secure" when using advanced mobile devices. While, in New Jersey, federal prosecutors are investigating whether an online music ser- vice provider, Pandora Media, Inc., violated the CFAA by transmitting information con- cerning a user's age, gender and location to third-party vendors. It is in this context that the Middle District of Florida must determine the boundaries of the CFAA as it applies to smartphones. The court's analysis will no doubt involve deciphering Congress' original intent, and balancing a consumer's right to privacy against the growth of a robust market with the collection and distribution of users' personal information at its core. This is a dif- ficult task and one that will no doubt further define the boundaries of the CFAA.
About the Author
Archer Greiner, P.C. - New Jersey, Pennsylvania Regional Law Firm - Philadelphia Employment Attorney