Facebook, Inc. v. Power Ventures, Inc., 2013 WL 5372341 (N.D. Cal. Sept. 25, 2013)
There have been several orders in this case and the order listed above is an order denying leave to file a motion for reconsideration of the court’s previous order granting summary judgment for Facebook. It is helpful to read this order in conjunction with the prior order granting summary judgment, Facebook, Inc. v. Power Ventures, Inc., 844 F. Supp.2d 1025, 1028 (N.D. Cal. 2012) (hereinafter, the “MSJ Order”).
The court’s orders set out several relevant legal principles:
- “Power Ventures, by accessing Facebook without authorization, and obtaining information from the Facebook website, violated the provision of CFAA that imposes liability on any party that “intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains … information from any protected computer,” 18 U.S.C. § 1030(a)(2)(C).”
- Nothing in the plain language of Section 1030(a)(2)(C) requires that taken information be destroyed.
- “[T]he costs Facebook incurred to block Defendants from the site, to investigate Defendants’ activities, and to have its attorneys attempt to stop Defendants from continuing the activities were sufficient to establish loss under the CFAA.”
- A company’s CEO can be held personally liable, and jointly and severally liable with the company, for violations of the Computer Fraud and Abuse Act because “where an officer authorized, directed, or participated in a corporation’s tort or statutory violation, the officer can be held personally liable.”
- “Facebook is thus entitled to recover compensatory damages under the statute. Facebook has established through undisputed testimony that it expended to investigate Defendants’ actions and for outside legal services in connection with the Defendants’ actions. Accordingly, this Court grants Facebook compensatory damages in the amount of $.”
- The court provides a solid analysis of the four factors required to obtain a permanent injunction under the CFAA.