In Miranda Tan and Hassan Miah v. John Doe, 14-CV-2663 (S.D.N.Y. May 5, 2014), the court held that defendant’s use of photographs from the plaintiff’s Facebook page, without express permission, did not violate the Computer Fraud and Abuse Act. The court gave three reasons: plaintiffs did not allege (1) what “protected computer” was alleged accessed or damaged; (2) what damage to data allegedly occurred; or (3) that the $5,000 loss was satisfied, which is a jurisdictional threshold for a civil claim.
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