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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Published by Shawn E. Tuma
Shawn Tuma is an attorney who is internationally recognized in cybersecurity, computer fraud and data privacy law, areas in which he has practiced for nearly two decades. He is a Partner at Spencer Fane, LLP where he regularly serves as outside cybersecurity and privacy counsel to a wide range of companies from small to midsized businesses to Fortune 100 enterprises. You can reach Shawn by telephone at 972.324.0317 or email him at stuma@spencerfane.com.
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