bus 154 brief 1 - Facebook Inc v Philip Porembski C...

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Facebook, Inc. v. Philip Porembski C 09-05842 JF FACTS: Facebook, Inc. requires all Facebook users to acknowledge and consent to the company’s Terms of User, which restricts any types of unsolicited advertising on the website. Poremsbki was a Facebook user that violated the Terms of User by compromising other users’ privacy through emails. In 2009, Facebook filed a class action against Porembski for unsolicited advertising without the authorization from Facebook. Facebook brought a case to court against Porembski in seek of permanent restriction to engage in any - phishing or spamming activities on Facebook and to its users. U.S District Court will grant the motion. ISSUE: Should the violation of the CAN-SPAM Act of 2003 be recognized? LAW: Section 7703 of Controlling the Assault of Non-Solicited Pornography And Marketing of 2003 states any electronic mail addresses of the users of a website, proprietary service, or other online public forum
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Unformatted text preview: operated by another person, without the authorization of such person; and knew that the commercial electronic mail messages involved in the offense contained or advertised an Internet domain for which the registrant of the domain had provided false information. ANALYSIS: Facebook, Inc. asked for a reward of $2,160,000 in total for violations. However, the Court did not see the amount requested to be proportionate to the consequence of Porembski’s actions. However, due of Porembski’s acknowledgement of violating the statutes in questions, the Court stated Facebook, Inc. to be rewarded for $360,500,000 under the CAN-SPAM Act. CONCLUSION: The U.S. District Court announced in favor of Facebook, Inc.’s claim due to Porembski’s violation of the CAN SPAM Act of 2003 by involving in unsolicited advertising despite acknowledging Facebook’s Terms of Use....
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  • Fall '14
  • E-mail spam, Facebook users, Facebook user, unsolicited advertising

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