United States Ninth Circuit
Facebook, Inc. v. Power Ventures, Inc., 13-17102
In a suit brought by Facebook against another social networking company that accessed Facebook users' data and initiated form e-mails and other electronic messages promoting its website, the District Court's judgment in favor of plaintiff is: 1) reversed in part where defendant's actions did not violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, or CAN-SPAM Act, because here the transmitted messages were not materially misleading ; and 2) reversed in part and affirmed in part where defendant violated the Computer Fraud and Abuse Act of 1986 (CFAA), which prohibits acts of computer trespass by those who are not authorized users or who exceed authorized use, and California Penal Code section 502, but only after it received a cease and desist letter from Facebook and nonetheless continued to access Facebook's computers without permission.
- Published 2016/07/12
- United States Ninth Circuit