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

Samantha Arrington


In Bose v. Interclick, Inc., a federal 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 dismissals 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 recognized that the plaintiff had suffered an injury. This note focuses on the negative effects of CFAA 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 information from unsuspecting, unknowing Internet users. If not, this epidemic will continue and expand into other types of personal information regarding a person’s health, etc. First, this note provides a factual summary of Bose v. Interclick, Inc., and the court’s basis for the dismissal of the CFAA claim.  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.

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