Got Cookies? Bose v. Interclick, Inc.: Computer Fraud and Abuse Act Claims Dismissed With Prejudice Due To Lack of Precedent Providing for the Value of Personal Information and an Unclear Standard for Aggregation of Damages
| Author | Samantha Arrington |
| Position | North Carolina Central University School of Law |
| Pages | 13-23 |
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Samantha C. Arrington
North Carolina Central University School of Law
arringtonsc@yahoo.com
Abstract: In Bose v. Interclick, Inc., a feder al district court judge in New York
dismissed Bose’s claim under the CFAA because she did not meet the statutory
requirement under the statute. Bose is one of many CFAA claim dis missals in the United
States where the federal district court refused to hear the case because the plaintiff failed to
meet the statutory damages requirement but reco gnized that the plaintiff had suffered an
injury. This note focuses on the negative effects of CF AA claim dismissals on plaintiffs, the
need for federal courts to decide the value of personal information, and the appropriate
formula for the aggregation of damages. It is imperative that defendants in violation of the
CFAA be punished for stealing personal information from innocent Internet users. The
United States legal system is an active member of the fast paced, technological era that is
currently unfolding, and it is important for our legal system to recognize and combat illegal
behavior on the part of Internet advertising companies that steal personal infor mation from
unsuspecting, unknowing Internet users. If not, this e pidemic will continue and expand into
other types of personal information regarding a person’s hea lth, etc. First, this note provides
a factual summary of Bose v. Interclick, Inc., and the court’s basis for the dismissal of the
CFAA clai m. Secondly, this note provides a background of the CFAA and the case law
governing CFAA claims in federal court. Next, this note provides an analysis of the
importance of establishing the value of personal information and developing a standardized
method to determine aggregation of damages. Lastly, this note provides a conclusion
detailing an overview of the key points of discussion.
1. Introduction
Have you ever wondered how Facebook seems to know exactly what merchandise you would be willing
to purchase by placing your favorite items i n advertisements on their website? Technicall y, you can think
advertising companies, like Interclick, for these ads. Facebook and other websites contract with
advertising companies so that the most influential ads will a ppear on their websites and increase b usiness
for partnering companies.
With every click of the mouse and every webpage you visit your per sonal information including credit
card numbers, social securit y numbers, passwords, and medical records, have the potential to be accessed
by third parties without your permission. Nielsen and the Pew Research Center found that “55 percent of
Americans u se the Internet every day” and devote “60 hours a month online.”
1
“The world spends 36
percent of its web time using e-mail, engaging in commerce, or performing web searches;” “42 per cent of
this ti me i s spent viewing content.”
2
“In a single month, a web user visits 2,646 sites and logs on 57
times.”
3
These statistics show that most Americans would be subject to these types of intrusions.
The unsolicited seizure and use of personal information acquired via the Internet affects all Internet
users. The Computer Fraud and Abuse Act (CFAA) was enacted to provide criminal liability and a civil
cause of action for persons affected b y computer fraud and ab use.
4
However, the case law demonstrate s
1
Catherine Smith, Internet Usage Statistics: How We Spend Our Time Online (Infographic), Huffington Post, (June
22, 2010), http://www.huffingtonpost.com/2010/06/22/internet-usage-statistics_n_620946.html.
2
Id.
3
Id.
4
18 U.S.C. § 1030 (2011).
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