`
`
`
`HUNTON ANDREWS KURTH LLP
`Ann Marie Mortimer (State Bar No. 169077)
`amortimer@HuntonAK.com
`Jason J. Kim (State Bar No. 221476)
`kimj@HuntonAK.com
`Jeff R. R. Nelson (State Bar No. 301546)
`jnelson@HuntonAK.com
`550 South Hope Street, Suite 2000
`Los Angeles, California 90071-2627
`Telephone: (213) 532-2000
`Facsimile: (213) 532-2020
`
`Attorneys for Plaintiff
`FACEBOOK, INC.
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`OAKLAND/SAN FRANCISCO DIVISION
`
`
`FACEBOOK, INC., a Delaware
`corporation,
`
`
`
`Plaintiff,
`
`
`
`CASE NO.: 3:21-cv-08230
`
`COMPLAINT; DEMAND FOR JURY
`TRIAL
`
`v.
`
`
`
`ALEXANDER ALEXANDROVICH
`SOLONCHENKO, also known as
`“Solomame,”
`
`
`
`Defendant.
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`COMPLAINT; DEMAND FOR JURY TRIAL
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`3:21-cv-08230
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`Los Angeles, California 90071-2627
`550 South Hope Street, Suite 2000
`Hunton Andrews Kurth LLP
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`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 2 of 36
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`
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`Plaintiff Facebook, Inc. (“Facebook”) asserts the following:
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`INTRODUCTION
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`1.
`
`Between January 2018 and September 2019, Defendant Alexander
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`Alexandrovich Solonchenko, also known as “Solomame,” scraped publicly accessible
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`information (Facebook user ID and phone number) for approximately 178 million
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`Facebook users. Solonchenko used a computer program to deliver automated requests
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`to Facebook computers, meanwhile pretending to be multiple Android devices
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`connected to Facebook’s Messenger mobile app.
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`2.
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`Beginning in October 2020, Solonchenko sold data on RaidForums.com
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`(“RaidForums”). RaidForums is an online marketplace used to sell and distribute
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`scraped, stolen, and leaked data. Since 2020, Solonchenko has sold stolen or scraped
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`data from Ukraine's largest commercial bank, Ukraine’s largest private delivery service,
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`and a French data analytics company. In May 2021, Solonchenko also sold the data
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`that he had scraped from Facebook between January 2018 and September 2019, namely,
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`Facebook user IDs and phone numbers.
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`3.
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`Solonchenko’s conduct violated Facebook’s Terms of Service and
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`Platform Terms. Facebook now seeks injunctive and other relief.
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`PARTIES
`
`4.
`
`Plaintiff Facebook, Inc., is a Delaware corporation with its principal place
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`of business in Menlo Park, San Mateo County, California. Plaintiff owns and operates
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`several products, including Facebook, Instagram, and Messenger.
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`5.
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`Solonchenko resides in Kirovograd, Ukraine. Solonchenko worked as a
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`freelance computer programmer with experience working with several programming
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`languages including Python, PHP, and Xrumer, which is a software used for spamming;
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`automating tasks on Android emulators; and conducting affiliate marketing. Ex. 1.
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`Until in or around June 2019, Solonchenko also sold shoes online under the business
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`name “Drop Top.”
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`1
`COMPLAINT; DEMAND FOR JURY TRIAL
`
`3:21-cv-08230
`
`Los Angeles, California 90071-2627
`550 South Hope Street, Suite 2000
`Hunton Andrews Kurth LLP
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`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 3 of 36
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`
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`6.
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`Solonchenko also scraped and sold data to make money. Specifically,
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`since October 2020, Solonchenko used the aliases “solomame” and “barak_obama” on
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`RaidForums to sell scraped and other data. Ex. 2. Defendant sold and distributed data
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`scraped or stolen from different websites and companies, including financial
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`institutions, logistic companies, and analytics companies located in Ukraine and
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`elsewhere. On RaidForums, Solonchenko directed the potential buyers of data to
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`contact him using the messaging service Telegram. Solonchenko used the Telegram
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`accounts @not_a_wolf and @salampopolani. On
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`the employment website
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`freelancehunt.com, Solonchenko used the username “Alexander S,” Skype ID
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`“solomame,” and email address aa_solonchenko@mail.ru. Ex. 3. Solonchenko used
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`multiple email addresses, including solomame@icloud.com, weeeble@bk.ru, and
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`grant2.grant2@yandex.ru; and phone number +38099497401. On August 7, 2017,
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`Solonchenko registered the domain name theblackmask.top using the name “Aleksandr
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`A Soloncheko” with email address aa_solonchenko@mail.ru, and phone number
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`+38099497401. Ex. 4. Solonchenko listed his city, state, and country as Kirovograd,
`
`Kirovogradskaya, Ukraine. Id.
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`Figure 1: Solonchenko December 2019
`
`
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`2
`COMPLAINT; DEMAND FOR JURY TRIAL
`
`3:21-cv-08230
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`Los Angeles, California 90071-2627
`550 South Hope Street, Suite 2000
`Hunton Andrews Kurth LLP
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`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 4 of 36
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`
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`JURISDICTION AND VENUE
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`7.
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`The Court has jurisdiction under 28 U.S.C. § 1332 over the cause of action
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`alleged in this Complaint because complete diversity exists and the amount in
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`controversy exceeds $75,000.
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`8.
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`Solonchenko used and controlled at least one Facebook account and
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`thereby agreed to the Facebook Terms of Service. The Court has personal jurisdiction
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`over Solonchenko because the Facebook Terms of Service contain a forum selection
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`clause that requires this Complaint be brought in the U.S. District Court for the Northern
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`District of California or a state court located in San Mateo County, and that
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`Solonchenko submit to the personal jurisdiction of either of those courts for litigating
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`this matter.
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`9.
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`The Court also has personal jurisdiction over Solonchenko because
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`Solonchenko knowingly directed and targeted his conduct at California, including at
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`Facebook, which has its principal place of business in California, and at Facebook users
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`located in California. Facebook’s claims arise directly from and relate to Solonchenko’s
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`activities described in this Complaint and activities in and directed at California.
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`10. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) as the
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`threatened and actual harm to Facebook occurred in this District.
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`11. Pursuant to Civil L.R. 3-2(c), this case may be assigned to either the San
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`Francisco or Oakland division because Facebook is located in San Mateo County.
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`FACTUAL ALLEGATIONS
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`A. Background on Facebook Products
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`12. Plaintiff owns and operates Facebook, a social networking website and
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`mobile application that enables its users to create their own personal profiles and
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`connect with each other on their personal computers and mobile devices. Plaintiff owns
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`and operates several products in addition to Facebook, including Instagram and
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`Messenger (collectively “Facebook Products”).
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`3
`COMPLAINT; DEMAND FOR JURY TRIAL
`
`3:21-cv-08230
`
`Los Angeles, California 90071-2627
`550 South Hope Street, Suite 2000
`Hunton Andrews Kurth LLP
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`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 5 of 36
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`13. To access Facebook and view certain user profiles, Facebook requires that
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`each user create a Facebook account. To create a Facebook account, Facebook requires
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`each user to register with a unique username and password.
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`14. Registered users can create user profiles and include information about
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`themselves, including their email address, phone numbers, and date of birth. Registered
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`Facebook users can make connections on Facebook by becoming “Friends” with other
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`Facebook users.
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`15. Facebook provides its users with control over how to customize their
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`profiles and how much personal information to include in their profile. In addition,
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`Facebook’s privacy settings provide users with control over how much profile
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`information is viewable publicly and searchable, to other Facebook users, or to the
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`users’ Friends.
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`16. Facebook Messenger is a messaging app and platform that allows direct
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`messaging, video and voice calls, and the ability to share photos, videos, audio, and
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`files, among other features. A Facebook account is required to use Messenger.
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`Messenger included a feature called “Contact Importer” that allowed a user to upload
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`their contacts from the address book on their mobile devices.
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`17. Between in and around June 2015 and September 2019, Messenger
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`Contact Importer included a functionality that would return a one-to-one list of any
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`Facebook users that matched phone numbers uploaded from the address book on a
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`user’s mobile device (“CI matching function”). The feature allowed users to upload
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`their contacts from mobile devices and identify their friends and others associated with
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`the uploaded phone numbers. The CI matching function was limited by a user’s privacy
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`settings; that is, it only identified a user with a matching phone number if that user’s
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`privacy settings permitted them to be searched for by phone number. If a user’s phone
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`searchability setting was set to “Friends,” only that user’s Facebook “Friends” could
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`find the user through the CI matching function. If on the other hand, a user’s phone
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`searchability setting allowed “everyone” to search for them by phone number, other
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`4
`COMPLAINT; DEMAND FOR JURY TRIAL
`
`3:21-cv-08230
`
`Los Angeles, California 90071-2627
`550 South Hope Street, Suite 2000
`Hunton Andrews Kurth LLP
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`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 6 of 36
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`users could find that user using the CI matching function even if they were not “Friends”
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`with that user on Facebook. Since September 2019, Messenger Contact Importer no
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`longer returns one-to-one lists of matched phone numbers.
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`B.
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`Facebook’s Terms of Service and the Platform Terms
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`18. All Facebook users must agree to Facebook’s Terms of Service (available
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`at https://www.facebook.com/terms.php) and other rules, including the Platform Terms,
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`that govern access to, and use of, Facebook and the Facebook Platform. Facebook’s
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`Terms of Service also govern the use of Facebook Messenger.
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`19. Section 3.2.1 of the Facebook Terms of Service prohibits users from
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`“do[ing] . . . anything unlawful, misleading, [ ] or fraudulent” or facilitating or
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`supporting others in doing so.
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`20. Section 3.2.3 of the Facebook Terms of Service prohibits “access[ing] or
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`collect[ing] data from [Facebook] Products using automated means (without our
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`permission) or attempt[ing] to access data you don’t have permission to access.”
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`21. Section 1 of the Platform Terms state that they apply to the use of
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`Facebook’s APIs, code, technology, content, and services that enable the retrieval of
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`data from Facebook computers and Facebook Products.
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`22. Section 12(j) of the Platform Terms defines “Platform Data” as any
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`information, data, or other content a user obtains from Facebook or Facebook Products
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`through the Platform, as defined by section 12(i) of the Platform Terms, whether
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`directly or indirectly.
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`23. Section 3(a)(iv) of the Platform Terms prohibits the sale of Platform Data.
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`24. Section 3(a)(v) of the Platform Terms prohibits “[p]lacing Platform Data
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`on, or otherwise making Platform Data available to, a search engine or directory without
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`[Facebook’s] prior express written consent.”
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`C. Background on Phone Number Enumeration Scraping
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`25. Phone lookup or finder features, such as whitepages.com, are programmed
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`to provide available information about the user of a phone number. “Phone number
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`5
`COMPLAINT; DEMAND FOR JURY TRIAL
`
`3:21-cv-08230
`
`Los Angeles, California 90071-2627
`550 South Hope Street, Suite 2000
`Hunton Andrews Kurth LLP
`
`
`
`
`
`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 7 of 36
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`
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`enumeration scraping” was the process of using automation software to (a) manufacture
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`auto-generated lists of phone numbers and (b) upload the lists to websites with phone
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`lookup or finder features, in order to scrape information associated with that phone
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`number.
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`26. Phone number enumeration scraping in the context of Messenger Contact
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`Importer generally involved the following steps:
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`a.
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` A computer program would be used to auto-generate lists of phone
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`numbers. These lists could be curated based on telephone area code and target densely
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`populated areas that have a high number of mobile phone numbers.
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`b.
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`The auto-generated lists of phone numbers were used to create files
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`consistent with phone contacts on various simulated mobile devices (also known as
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`Android or Apple iOS emulators). The emulators were programmed to mimic real
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`mobile devices when connected to Facebook computers in order to use the Messenger
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`Contact Importer function, which was restricted to logged-in authenticated Messenger
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`users.
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`c.
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`The emulators were used to upload the auto-generated phone
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`contacts to Facebook computers through the Messenger Contact Importer feature. If a
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`phone number on the auto-generated list matched a real phone number listed on a user’s
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`account, and if the user’s phone searchability setting allowed “everyone” to search for
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`the user by phone number, that user’s Facebook ID and name were returned and could
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`be scraped.
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`D. Defendant Agreed to Facebook’s Terms of Service and Platform
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`Terms
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`27. Between January 7, 2015, and October 13, 2021, Solonchenko created and
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`used at least two Facebook accounts, and therefore, agreed to the Facebook Terms of
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`Service.
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`6
`COMPLAINT; DEMAND FOR JURY TRIAL
`
`3:21-cv-08230
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`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 8 of 36
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`a.
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`Solonchenko created a Facebook account on January 7, 2015, with
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`the username “Mark Twen,” and phone number +380994097401. The current email
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`address associated with the account is grant2.grant2@yandex.ru.
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`b.
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`Solonchenko created a Facebook account on August 31, 2020, with
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`the username “Drop Top.”
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`28. Between October 12, 2019, and October 13, 2021, Solonchenko created
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`and controlled two Facebook apps and therefore agreed to the Platform Terms. The
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`apps were named “klklkl” and “Mark’s first app.”
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`29. Between February 28, 2019, and July 23, 2019, Solonchenko created and
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`controlled a Facebook Page named “Drop Top.” Solonchenko’s Facebook accounts –
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`“Drop Top” and “Mark Twen” – were administrators of the Drop Top Facebook Page.
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`30. Between January 18, 2015, and October 13, 2021, Solonchenko created or
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`controlled at least five Instagram accounts.
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`a.
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`Solonchenko created an Instagram account on January 18, 2015,
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`using
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`the name “Экий Некий,” username “ekyneky,” and email address
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`grant2.grant2@yandex.ru.
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`b.
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`Solonchenko created an Instagram account on August 29, 2018,
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`using the name “Noname nofame,” username “nnnofame,” and phone number
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`+380994097401.
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`c.
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`Solonchenko created an Instagram account on December 12, 2019,
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`using the name “Mark Twen,” username “grant2.grant2,” and phone number
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`+380994097401.
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`d.
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`Solonchenko created an Instagram account on December 17, 2019,
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`using the name “fetzer woodie,” username “fetserwoodie8803,” and email address
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`aa_solonchenko@mail.ru.
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`e.
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`Solonchenko created an Instagram account on February 28, 2019,
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`using the name “Drop Top,” username “dropoftop,” phone number +3809947401, and
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`email account solomame@icloud.com.
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`7
`COMPLAINT; DEMAND FOR JURY TRIAL
`
`3:21-cv-08230
`
`Los Angeles, California 90071-2627
`550 South Hope Street, Suite 2000
`Hunton Andrews Kurth LLP
`
`
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`
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`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 9 of 36
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`
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`E.
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`Background on RaidForums
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`31. RaidForums is an online marketplace where users of the forum openly
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`discuss the collection and sale of scraped, stolen, and leaked data. Ex. 5. RaidForums
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`was started in 2015 by a user with the online aliases “Omnipotent,” and “Omni,” who
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`still operates the forum as an administrator. As of August 2, 2021, RaidForums had
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`over 640,000 registered users participating in discussion topics dedicated to gaming,
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`scraped, stolen, and leaked data, and hacking. Id. For example, in July 2021, public
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`reports stated that scraped user profile information (name, gender, email, and telephone
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`number) for 700 million LinkedIn users was offered for sale on RaidForums.1
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`F. Defendant Used Automated Means to Access and Scrape Data from
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`32. Beginning no later than January 2018, Solonchenko used automated means
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`to access Facebook computers and to scrape Facebook user IDs and phone numbers
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`without Facebook’s permission, in violation of Facebook’s Terms of Service. Exs. 6
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`and 7. Solonchenko used phone number enumeration scraping of Messenger Contact
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`Importer to scrape the user IDs and phone numbers of approximately 178 million
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`Facebook users. Ex. 7.
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`33. As described below in paragraph 38, on December 1, 2020, Solonchenko
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`created a post on RaidForums in which he claimed that he scraped data from Facebook.
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`Ex. 6. Specifically, Solonchenko wrote, “I collected this database [of Facebook user
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`IDs and phone numbers] during 2018y, it’s unique and nobody sales exact that leak
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`(sic), I collected it by myself scanning [Facebook] day-by-day during a year (sic).” Id.
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`
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`1 See https://www.forbes.com/sites/leemathews/2021/06/29/details-on-700-million-
`linkedin-users-for-sale-on-notorious-hacking-forum/?sh=10d21a4e34a4
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`
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`8
`COMPLAINT; DEMAND FOR JURY TRIAL
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`3:21-cv-08230
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`Hunton Andrews Kurth LLP
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`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 10 of 36
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`
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`G. Defendant Sold Data Collected from Facebook on RaidForums in
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`Violation of Facebook’s Platform Terms
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`34. On or about October 1, 2020, Solonchenko created an account on
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`RaidForums using the username “Solomame.” On January 18, 2021, Solonchenko
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`changed his username on RaidForums from “Solomame” to “barak_obama.” Ex. 2.
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`35. Since October 1, 2020, Solonchenko has used RaidForums to sell and
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`distribute data obtained from various businesses, including Nova Poshta, which is the
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`largest private delivery company in Ukraine, and PrivatBank, which is the largest
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`commercial financial institution in Ukraine. Solonchenko also used RaidForums to sell
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`data scraped from Facebook in violation of Facebook’s Terms of Service and Platform
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`Terms.
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`36. On October 24, 2020, as shown below in Figure 2, Solonchenko created a
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`post on RaidForums in which he offered to sell a dataset of records of 18 million users
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`or customers of a company called Nova Poshta, which was the largest private delivery
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`company in Ukraine. Ex. 8. According to public reporting from February 2018, two
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`customer datasets (one containing records for 500,000 customers and another
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`containing records for 18 million customers) were leaked from Nova Poshta and were
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`being sold on the internet.2 Although Solonchenko denied being the person that scraped
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`the data, stating “leak not made by me,” he offered information about how others could
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`scrape data from Nova Posta through one of its Application Platform Interfaces and
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`offered to provide others with a “python script,” or computer code, to scrape the data.
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`Figure 2: Text of Solonchenko October 24, 2020 RaidForums Post
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`2 See https://www.unian.info/society/2386634-nova-poshta-postal-services-massive-
`customer-base-put-up-for-sale-in-darknet-media.html.
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`
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`9
`COMPLAINT; DEMAND FOR JURY TRIAL
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`3:21-cv-08230
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`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 11 of 36
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`
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`37. On October 24, 2020, as shown below in Figure 3, Solonchenko created a
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`post on RaidForums in which he offered to sell a dataset of records of over 10 million
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`users or customers of a financial institution in Ukraine called PrivatBank. Ex. 9. As of
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`2021, PrivatBank, which was nationalized in 2016, is the largest commercial bank in
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`Ukraine.3 Solonchenko offered the PrivatBank records for “free” and wrote that he
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`“[h]ope[d] [the records from PrivatBank] will help someone!”
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`Figure 3: Text of Solonchenko October 24, 2020 RaidForums Post
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`
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`38. On December 1, 2020, as shown below in Figure 4, Solonchenko created
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`a post on RaidForums in which he wrote that he scraped data from Facebook in 2018
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`and offered to sell the complete dataset or portions of the dataset. Ex. 6. Specifically,
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`Solonchenko wrote, “I collected this database during 2018y, it’s unique and nobody
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`sales exact that leak (sic). I collected it by myself scanning fb day-by-day during a year
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`(sic).” Solonchenko invited those interested in purchasing the Facebook dataset to
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`contact him on Telegram at @not_a_wolf. Id. Solonchenko also suggested that
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`“Omni,” the RaidForums’ admin, could serve as the escrow agent to facilitate the sale
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`of the Facebook data. Between December 3, 2020, and January 3, 2021, Solonchenko
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`promoted the sale of this scraped data on RaidForums.
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`
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`3 See https://www.globalcapital.com/article/28wqcf0bsm4qob7dcmdxc/emerging-
`markets/em-cee/ukraine-central-bank-chief-shevchenko-on-independence-imf-cash-
`and-privatbank
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`10
`COMPLAINT; DEMAND FOR JURY TRIAL
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`3:21-cv-08230
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`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 12 of 36
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`
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`Figure 4: Text of Solonchenko December 1, 2020 RaidForums Post
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`
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`39. On February 2, 2021, as shown below in Figure 5, Solonchenko created a
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`post on RaidForums in which he offered to sell a dataset of records of 245 million users
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`or customers from a French marketing analytics company called Acuity Data. Ex. 10.
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`More specifically, Solonchenko wrote, “Item: Database of company called Acuity
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`(acuity-data.com now part of liveramp) . . . Every string contains unique phone, totally
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`245 [million of] mixed landlines/mobiles (sic) phones.”
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`Figure 5: Text of Solonchenko February 2, 2021 RaidForums Post
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`40. On May 24, 2021, as shown below in Figure 6, Solonchenko created a post
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`on RaidForums in which he offered to sell several databases of stolen data. Ex. 7. First,
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`Solonchenko again offered to sell a dataset obtained from Acuity (described in
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`
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`11
`COMPLAINT; DEMAND FOR JURY TRIAL
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`3:21-cv-08230
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`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 13 of 36
`
`
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`paragraph 39) at a reduced price. Second, Solonchenko offered a database of 186
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`million mobile phone records from an unidentified source.
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`41. Further, Solonchenko offered to sell a dataset of about 180 million
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`Facebook users. More specifically, Solonchenko wrote, “I also have some other DBs,
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`consumers lists (sic), B2B dbs all over the world, phone dbs, [and] non-public fb data
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`(180m for USA).” In fact, the dataset contained publicly accessible phone numbers and
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`Facebook user IDs for approximately 178 million Facebook users, predominantly
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`located in the United States. Solonchenko used phone number enumeration scaping of
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`Messenger Contact Importer to obtain this dataset prior to September 2019.
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`Figure 6: Text of Solonchenko May 24, 2021 RaidForums Post
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`
`
`H.
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`Facebook’s Anti-Scraping and Enforcement Efforts
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`42. Facebook took several measures to limit phone number enumeration
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`scraping. First, Facebook used technical anti-scraping measures to detect and disrupt
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`unauthorized automated requests on its systems. Second, only an authenticated user
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`could use Messenger Contact Importer. In other words, in order to use Messenger
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`
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`12
`COMPLAINT; DEMAND FOR JURY TRIAL
`
`3:21-cv-08230
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`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 14 of 36
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`
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`Contact Importer a person would first need to create a user account and then login to
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`Messenger using their account password. Third, between February 2018 and December
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`2018, Facebook set limits for the number of contacts that could be uploaded through
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`Messenger Contact Importer and the frequency at which those phone numbers could be
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`submitted. Finally, since September 2019, Messenger Contact Importer no longer
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`returns one-to-one lists of matched phone numbers.
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`43. Further, Facebook has disabled Solonchenko’s Facebook and Instagram
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`accounts and revoked his access to Facebook and Facebook Products.
`
`I.
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`Defendant’s Acts Harmed Facebook
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`44. Solonchenko’s violations of Facebook’s Terms of Service and the Platform
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`Terms have harmed Facebook.
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`45. Facebook has suffered damages attributable to the efforts and resources it
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`has used to investigate, remediate, and respond to Solonchenko’s conduct as described
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`in this Complaint in an amount to be determined at trial, and in excess of $75,000.
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`CAUSE OF ACTION
`
`(Breach of Contract)
`
`46. Facebook realleges and incorporates all preceding paragraphs here.
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`47. Between January 2015 and October 21, 2021, Solonchenko created and
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`used multiple Facebook accounts and agreed to Facebook’s Terms of Service.
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`48. Between October 12, 2019, and October 21, 2021, Solonchenko created
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`and controlled two Facebook apps and agreed to the Platform Terms.
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`49. The Facebook Terms of Service and Platform Terms constitute an
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`agreement between Solonchenko and Facebook.
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`50. Facebook has performed all conditions, covenants, and promises required
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`of it in accordance with its agreements with Solonchenko.
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`51. Solonchenko breached section 3.2.3 of the Facebook Terms of Service by
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`using automated means to access and collect data from Facebook, namely Facebook
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`user IDs and phone numbers, without Facebook’s permission.
`
`
`
`13
`COMPLAINT; DEMAND FOR JURY TRIAL
`
`3:21-cv-08230
`
`Los Angeles, California 90071-2627
`550 South Hope Street, Suite 2000
`Hunton Andrews Kurth LLP
`
`
`
`
`
`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 15 of 36
`
`
`
`52. Solonchenko breached section 3.2.1 of the Facebook Terms of Service
`
`because his conduct was misleading because he used an Android emulator and the
`
`phone enumeration scraping technique to communicate with Facebook computers
`
`which misrepresented to Facebook who was using Messenger Contact Importer.
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`53. Solonchenko’s violation of the Facebook Terms of Service caused
`
`Facebook to incur damages in an amount to be determined at trial, and in excess of
`
`$75,000.
`
`PRAYER FOR RELIEF
`
`Facebook seeks judgment awarding the following relief:
`
`(a) An injunction restraining Solonchenko from accessing Facebook and
`
`Facebook Products;
`
`(b) An injunction restraining Solonchenko from selling or distributing data of
`
`any kind obtained from Facebook or Facebook Products, or purportedly obtained from
`
`Facebook or Facebook Products;
`
`(c) Damages in an amount to be determined at trial;
`
`(d) Pre-judgment and post-judgment interest; and
`
`(e) All other equitable or legal relief the Court deems just and proper.
`
`PLAINTIFF RESPECTFULLY DEMANDS A JURY TRIAL.
`
`Dated: October 21, 2021
`
`HUNTON ANDREWS KURTH LLP
`
`
`
`
`
`
`
`By: /s/ Ann Marie Mortimer
`Ann Marie Mortimer
`Jason J. Kim
`Jeff R. R. Nelson
`Attorneys for Plaintiff
`FACEBOOK, INC.
`
`Platform Enforcement and Litigation
`Facebook, Inc.
` Jessica Romero
`Michael Chmelar
`Jimmy Doan
`
`073923.0000070 EMF_US 86431908v5
`
`
`14
`COMPLAINT; DEMAND FOR JURY TRIAL
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`3:21-cv-08230
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`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 16 of 36
`Case 3:21-cv-08230-LB Document1 Filed 10/21/21 Page 16 of 36
`
`EXHIBIT 1
`
`EXHIBIT 1
`
`
`
`Eooo
`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 17 of 36
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`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 18 of 36
`Case 3:21-cv-08230-LB Document1 Filed 10/21/21 Page 18 of 36
`
`EXHIBIT 2
`
`EXHIBIT 2
`
`
`
`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 19 of 36
`
`2021-08-26 - Username history of RaidForums user barak_obama
`
`
`
`
`
`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 20 of 36
`Case 3:21-cv-08230-LB Document1 Filed 10/21/21 Page 20 of 36
`
`EXHIBIT 3
`
`EXHIBIT 3
`
`
`
`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 21 of 36
`
`2021-08-26 - Translated post from freelancehunt.com
`
`
`
`
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`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 22 of 36
`Case 3:21-cv-08230-LB Document1 Filed 10/21/21 Page 22 of 36
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`EXHIBIT 4
`
`EXHIBIT 4
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`
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`Case 3:21-cv-08230-LB Document 1 Filed 10/21/21 Page 23 of 36
`
` Inspect: theblackmask.top
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`whois.nic.top
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`aa_solonchenko@mail.ru
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`2021-10-19 - theblackmask.top Domain Registrat