PDF Archive

Easily share your PDF documents with your contacts, on the Web and Social Networks.

Share a file Manage my documents Convert Recover PDF Search Help Contact



gov.uscourts.azd.941986.1.0.pdf


Preview of PDF document gov-uscourts-azd-941986-1-0.pdf

Page 1 23419

Text preview


Case 2:15-cv-01768-DJH Document 1 Filed 09/03/15 Page 2 of 19

1
2

Plaintiffs John Doe 1, John Doe 2, and John Doe 3 (collectively, “Plaintiffs”), by
and through their undersigned counsel, hereby allege as follows:

3

NATURE OF THE ACTION

4

1.

Plaintiffs’ claims arise out of the recent theft of massive amounts of private

5

consumer data, including private stored communications, from the adultery website and

6

dating service known as “Ashley Madison” by anonymous hackers. Due to the salacious

7

nature of Ashley Madison, this Internet crime has been widely reported in the media, both

8

in the United States and internationally.

9

2.

While at least one class action has been filed by users against Ashley

10

Madison for its failure to property secure the hacked information, this action deals with a

11

different injury inflicted upon Ashley Madison users by persons and entities who have

12

obtained the stolen data, repurposed it such that it is more readily accessible and

13

searchable by the media and curious Internet users, and actively distributed it for their own

14

gain.

15

entrepreneurial rather than criminal, the fact remains that they are in willful possession of

16

stolen property.

17

3.

While these persons and entities may labor under the belief that their actions are

Indeed, in recognition of the fact that Ashley Madison data contains

18

confidential information and constitutes stolen property, a Canadian court, the Ontario

19

Superior Court of Justice, issued a restraining order requiring several websites and Internet

20

service providers to immediately disable the Ashley Madison data, deeming it “offence-

21

related property in respect of which order of forfeiture may be made under the [Ontario]

22

Criminal Code.”

23

4.

By continuing to host and publish the stolen data despite their knowledge of

24

the pain and damage it is causing to those involved, these bad actors are intentionally

25

inflicting emotional distress upon Ashley Madison users. Two suicides have already been

26

attributed to the public dissemination of the Ashley Madison data.

27
28

5.

Plaintiffs, who are proceeding anonymously in this action, are all former

users of Ashley Madison who have been gravely affected by the stolen data and are now
Case No.

1

COMPLAINT