Anonymous web host Fatcow says it will sue Facebook after the social network breached its data to create an “anonymous” site for people to log in to.
The company’s founder, Paul Kellett, said the breach was done with the “intent to commit fraud” and that “we will take our fight to the court system.”
Kellefft said the data breach, which began on Feb. 14, was caused by a computer malfunction and was not connected to a Facebook account.
Facebook said it had suspended all accounts connected to the breach.
Facebook has not said how many people are believed to have used Fatcow, or whether the site will shut down.
But Kellellts lawsuit, filed on Thursday in California’s Superior Court, accuses Facebook of fraud and false advertising.
“In our opinion, there is no evidence that Fatcow was used for fraudulent purposes or that Facebook intended to sell its data or use it for any other purpose,” Kelletti said in the complaint.
The suit also names Facebook and several of its executives.
Fatcow said in a statement that it would file a response to the lawsuit later this week.
Facebook’s breach has been a flashpoint for privacy advocates, who have long sought better protections for its data.
In January, a U.S. District Court judge ruled that the breach violated privacy protections for anonymous data.
Last year, a federal appeals court sided with Facebook, saying the company did not need to show that the data could be used for a nefarious purpose.
But Facebook argued that the case had not yet been properly litigated, and it would take the case to the U.N. Human Rights Committee, which could overturn the decision.
Kelleett, a Canadian who lives in Los Angeles, founded Fatcow in 2010 with a group of fellow hackers.
He has been in contact with U.K. and German police about the case, Kellet said.
“We are confident that Fatca will win,” he said.
Facebook declined to comment.
Killett said he has no plans to sell the site and will remain its owner.
“If Facebook is forced to shut down my company, I would be happy to sell it to any organization,” he wrote.
The lawsuit is Fatcow v.
Facebook, U. of California Superior Court Case No. 03-00751.