A California federal court recently issued a substantial monetary award in favor of Facebook and permanent injunction against a website that enabled its users to aggregate their data in social networking sites and messaging services. Finally, with regard to Vachani’s liability, Judge Koh cited Ninth Circuit authority for a finding of personal liability when a corporate officer or director authorizes, directs, or participates in corporate wrongdoing.  Drawing all reasonable inferences in Vachani’s favor, she said that the undisputed evidence proved that he authorized and directed the statutory violation.
For the foregoing reasons, Judge Koh held that Facebook was entitled to compensatory damages from both defendants.  Since all of the requisites for obtaining a permanent injunction were satisfied, the defendants also were enjoined from committing further violations of the CFAA. Arguably, at its core, Facebook may be said to hold that the CFAA prohibits accessing a computer network without express authorization and obtaining (a) information, regardless of its value, or (b) anything else that has substantial value.  If so, the decision may support the proposition, for example, that actions as common as accessing without permission someone’s social media site in order to gather information or valuable data concerning the user of that site violates the CFAA.
The attorneys of the Trade Secrets, Computer Fraud, & Non-Competes practice group of Seyfarth Shaw LLP protect and defend clients against those who improperly handle proprietary information, violate non-compete agreements, improperly solicit customers or remove electronic data from businesses, and raid employees. Trade Secrets and Confidentiality Lawyers & Attorneys, the Trade Secrets, Computer Fraud, & Non-Competes practice group of Seyfarth Shaw LLP, offering services relating to corporate espionage, electronic information protection, non-compete agreements, non-disclosure, proprietary information, restrictive covenants, audits, protection policies, trade secrets litigation, with offices in Atlanta, Boston, Chicago, Los Angeles, New York, Houston, Sacramento, San Francisco.


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