X (Formerly Twitter) Pursues CFAA Claim in Lawsuit Against Center for Countering Digital Hate

B. Procedural History

X Corp. brought suit on July 31, 2023. See Compl. (dkt. 1). X Corp. amended its complaint on August 7, 2023. See FAC. The complaint now includes causes of action for (1) breach of contract, in connection with the ToS, against CCDH U.S.; (2) breach of the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030, in connection with the Brandwatch data, against all Defendants; (3) intentional interference with contractual relations, as to Brandwatch’s agreement with X Corp., against all Defendants; and (4) inducing breach of contract, as to Brandwatch’s agreement with X Corp., against all Defendants. See id.

CCDH moves to dismiss pursuant to Rule 12(b)(6) and moves to strike pursuant to California’s anti-SLAPP statute. MTD&S. The motion is fully briefed, see MTD&S, Opp’n (dkt. 62), Reply (dkt. 65), and the Court has received amicus briefs from (1) Public Participation Project, in support of CCDH, see PPP Br. (dkt. 55-1), and (2) the American Civil Liberties Union Foundation of Northern California, Electronic Frontier Foundation, and Knight First Amendment Institute at Columbia University, also in support of CCDH, see ACLU Br. (dkt. 52-1). The Court held a motion hearing on Thursday, February 29, 2024. See Tr. of 2/29/24 Hearing.