Matot v. CH, 2013 WL 5431586 (D. Or. Sept. 26, 2013)
Plaintiff was an assistant principal at a middle school who sued students who created a parody Facebook account of him, as well as their parents, for violating the Computer Fraud and Abuse Act. Defendants filed a motion to dismiss, which was granted as Plaintiff failed to plead an actionable access under the CFAA.
Plaintiff’s “without authorization” argument focuses on defendants’ alleged use of plaintiff’s name and image in creating “forged” social media accounts (e.g. Facebook and Twitter). Plaintiff attempts to cast defendants’ behavior as
analogous to that of hacking 2 proscribed by the CFAA. Plaintiff’s argument is unpersuasive in light of (1) LVRC Holdings LLC v. Brekka, (2) United States v. Nosal, and (3) the rule of lenity.