Federal Trade Commission v. Pricewert LLC

2010 WL 2105614 (2010)

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Federal Trade Commission v. Pricewert LLC

United States District Court for the Northern District of California
2010 WL 2105614 (2010)

  • Written by Tammy Boggs, JD

Facts

The Federal Trade Commission (FTC) (plaintiff) filed an enforcement action against Pricewert LLC (defendant), which also did business using other names like 3FN and Triple Fiber Network. Pricewert was an Internet service provider (ISP). The FTC’s complaint alleged that Pricewert had recruited, hosted, and participated in the distribution of illegal and harmful electronic content, all of which violated § 5 of the FTC Act. The illegal and harmful content included child pornography, phishing sites, botnets, spyware, and viruses. In addition, Pricewert allegedly collaborated with “botherders” to deploy botnets comprising thousands of computers. The FTC sought to stop Pricewert’s activities, starting with disconnecting the ISP’s computers from the Internet. The court granted temporary injunctive relief. Pricewert never answered or responded to the FTC’s complaint, and Pricewert moved for a default judgment. The FTC requested entry of permanent injunctive relief and disgorgement of Pricewert’s ill-gotten gains.

Rule of Law

Issue

Holding and Reasoning (Whyte, J.)

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