The US Cybercrime Victims Rights Coalition has filed a lawsuit against five tech companies, accusing them of violating civil rights when they fail to prosecute cybercrimes against people and businesses.
The coalition filed a complaint in New York Federal Court today with the US Attorney’s Office for the Eastern District of New York, saying that the companies violated the civil rights of several individuals and entities in the cybercrime sector.
The complaint, which was filed under seal and filed in US District Court for the Southern District of Texas, alleges that these companies “have failed to properly investigate, prosecute, or punish cybercrime in violation of their duty under the [Uniformed Services of the US] Code of Military Justice” (Code of Military Courts), which states: “No person shall be subjected to any civil or criminal penalty or punishment in any civil court, military commission, or other court of military jurisdiction, except by order of the Secretary of the Navy.”
According to the complaint, these five companies “knowingly and willfully fail to take reasonable and appropriate action to prosecute and punish cybercrime violations by military personnel in violation the Code of the United States Military.”
In particular, the coalition alleges that one of the five companies, a technology firm called CloudFlare, “has failed to take adequate steps to ensure that military personnel who use the service’s web-based, cloud-based applications have been notified and provided appropriate legal assistance.”
The coalition also alleges that CloudFlat has “failed to provide access to military court proceedings to victims of cybercrush, including victims of the cybercrash of the social media platform VK.com and the social networking platform Instagram.”
CloudFlare and the five other companies are accused of violating the Code by failing to provide “the ability to access and access to court proceedings” for the alleged victims of social media crime.
The plaintiffs allege that the five firms have violated the Code in three separate cases.
In one case, CloudFlatic failed to provide the victims of VK.
Com’s alleged cybercrashing with access to the proceedings for their alleged cybercrime against Instagram, the complaint states.
In another case, the plaintiffs alleged that Cloudflatic failed “to promptly provide victims of sexual assault victims with a full and accurate record of the charges and the court’s findings of guilt and penalties.”
In a third case, they alleged that the defendants “failed, in the absence of any other reasonable and effective means of providing victims with access and notification of criminal proceedings,” to notify the victims “of the status of criminal charges pending against them.”
According the complaint:In the third case the defendants failed to notify “victims of a criminal conviction, penalty, or sentence that is pending against an individual or entity that is a party to the criminal proceeding.”
The plaintiffs further allege that in two other cases, the defendants did not provide victims with notice of criminal actions against them.
The civil rights group says that the Code requires all parties to notify each other of any criminal charges and penalties pending against a person or entity and that this “requires the parties to make all reasonable efforts to notify victims of a potential criminal charge before the action becomes final.”
According a statement from the coalition, the Code is “fundamentally flawed” and “must be reformed.”
It also notes that the law “is also inconsistent with the Supreme Court’s decision in Fisher v.
University of Texas at Austin, which held that the First Amendment does not protect the right of a private citizen to participate in a criminal trial by an adversary.”
The civil law group also says that “the government must provide victims and their families with the full record of criminal and civil proceedings against them and their businesses.”
The lawsuit, which seeks $10 million in damages, is the first civil action the coalition has brought against the five tech firms.
The group has filed civil suits against Facebook, Google, Twitter, eBay, LinkedIn, Pinterest, and Tumblr.