Facebook, Inc. v. Power Ventures, Inc.

ORDER

The opinion filed July 12, 2016, and published at 828 F.Bd 1068, is amended by the opinion filed concurrently with this order.

With these amendments, the panel has voted to deny the petition for panel rehearing and rehearing en banc.

The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on it.

The petition for panel rehearing and rehearing en banc is DENIED. No further petitions for panel rehearing or rehearing en banc shall be entertained.

OPINION

One social networking company, Face-book, Inc., has sued another, Power Ventures, Inc., over a promotional campaign. Power accessed Facebook users’ data and initiated form e-mails and other electronic messages promoting its website. Initially, Power had implied permission from Face-book. But Facebook sent Power a cease and desist letter and blocked Power’s IP address; nevertheless Power continued its campaign. Facebook alleges that Power’s actions violated the Controlling the Assault of Non-Sohcited Pornography and Marketing Act of 2003 (“CAN-SPAM”), the Computer Fraud and Abuse Act of 1986 (“CFAA”), and California Penal Code section 502. We hold that Power did…