Ninth Circuit: FACEBOOK, INC. V. STEVEN VACHANI


Computers, CFAA


For purposes of the federal anti-spam law, social networking messages sent to internal and external accounts by a third party on behalf of a user were not misleading, as the user, the third party, and the social networking site were co-authors, and the internal messages were appropriately identified.

Where a third party uses the logon credentials of a site's user with the users permission, but after the explicit revocation of permission by the site and subsequently circumvents a technological barrier erected against it, the access is unauthorized for purposes of the relevant statute.

Personal liability and discovery sanctions upheld, damages run from the receipt of the C&D.


FACEBOOK, INC. V. STEVEN VACHANI