FACEBOOK, INC., a Delaware corporation, Plaintiff-Appellee, v. POWER VENTURES, INC., DBA Power.com, a California corporation; POWER VENTURES, INC., a Cayman Island corporation, Defendants, and STEVEN SURAJ VACHANI, an individual, Defendant-Appellant.FACEBOOK, INC., a Delaware corporation, Plaintiff-Appellee, v. POWER VENTURES, INC., DBA Power.com, a California corporation, Defendant, and POWER VENTURES, INC., a Cayman Island corporation; and Steven Suraj Vachani, an individual, Defendants Appellants., 844 F.3d 1058

Summary

HOLDINGS: [1]-Appellant networking company did not violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act by accessing appellee competitor's users' data and sending, under 15 U.S.C.S. § 7702(9), e-mails because it had its users' consent to access their data with the competitor, who sent e-mails whose "from" lines and headers were not misleading, under 15 U.S.C.S. § 7704(a)(1)(A), and messages the users sent on the competitor's site were not misleading, under 15 U.S.C.S. § 7704(a)(6), as they stated the company's name and site, and the competitor's users identified as senders authorized them; [2]-The company violated the Computer Fraud and Abuse Act and Cal. Penal Code § 502 because the competitor's cease and desist letter ended any permission to access the competitor's computers; [3]-The company's CEO was personally liable because he guided in its violations.