Facebook, Inc., v. Grunin

Filing 73

REQUEST FOR BRIEFING. Brief due December 30 at noon.. Signed by Judge Alsup on December 19, 2014. (whalc1, COURT STAFF) (Filed on 12/19/2014) (Additional attachment(s) added on 12/19/2014: # 1 Certificate/Proof of Service) (dt, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FACEBOOK, INC.,

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For the Northern District of California

United States District Court

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Plaintiff,
v.
MARTIN GRUNIN,

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REQUEST FOR BRIEFING

Defendant.
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No. C 14-02323 WHA

Facebook’s motion for default judgment against Martin Grunin, noticed for a hearing on

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January 8, seeks default judgment on claims for breach of contract, fraud, violation of the

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Computer Fraud and Abuse Act, 18 U.S.C. 1030(a)(2) and (a)(4), and California Penal Code

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Section 502(c). By DECEMBER 30 AT NOON, Facebook shall please submit a brief addressing

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the following questions:

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1.

Has any federal court found liability under Section 1030(a)(2), Section

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1030(a)(4), and/or California Penal Code Section 502(c) based on the actions Mr. Grunin

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allegedly took as pled in the operative complaint? For example, has any service-user (not an

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employee or former employee) ever been found liable under these statutes (1) for accessing a

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website, i.e., a social media website or search engine, after his/her access was revoked, or (2) for

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impersonating others to obtain access to online services? Please also address all potentially

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relevant decisions, including United States v. Nosal, 676 F.3d 854, 863 (9th Cir. 2012) (en banc)

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and LVRC Holdings LLC v. Brekka, 581 F.3d 1127, 1134 (9th Cir. 2009).

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2.

Section 1030(a)(2) requires, among other items, that defendant “intentionally

accesse[d] a computer” and “obtain[ed] information from any protected computer.” Where in
the complaint did Facebook allege that Mr. Grunin accessed and obtained information from a

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computer? It appears that Facebook alleged that Mr. Grunin accessed “Facebook’s proprietary

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computers, computer systems, or computer networks” by obtaining “advertising accounts” and

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running “deceptive ads” (Compl. ¶¶ 67, 73). Has any federal court ever found liability under

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Section 1030(a) or California Penal Code Section 502(c) based on a service-user accessing a

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server to obtain online services or user accounts, after his/her accounts had been revoked or

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terminated?

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Dated: December 19, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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