Google LLC v. Saeed

District Court, S.D. New York·Decided April 25, 2023·No. 1:23-cv-03369·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Google LLC, Case No. Plaintiff, FILED UNDER SEAL ~against- {PROPOSED} EX PARTE TEMPORARY RESTRAINING ORDER AND ORDER Zubair Saeed; Raheel Arshad; Mohammad TO SHOW CAUSE RE: PRELIMINARY Rasheed Siddiqui; and Does 1~15, INJUNCTION Defendants.

Plaintiff Google LLC has filed a complaint for injunctive and other relief to stop Defendants Zubair Saeed, Raheel Arshad, Mohammad Rasheed Siddiqui, and Does 1 through 15—+hrough their participation in, and operation of, the Malware Distribution Enterprise—from continuing to distribute malware to infect new devices, control and operate a botnet, and carry out criminal schemes. Google filed a complaint alleging claims under: (1) the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1962(c)-(2) (Count I); (2) the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (Count IT); (3) the Lanham Act, 15 U.S.C. § 1114 (Count IIT); the Lanham Act, 15 U.S.C. § 1125(a) (Count IV); and tortious interference with business relationships (Count V).

Google has applied under seal and ex parte for an emergency temporary restraining order and an order to show cause why a preliminary injunction should not issue under Federal Rule of Civil Procedure 65 and 28 U.S.C. § 1651. THE COURT HEREBY FINDS THAT: Jurisdiction and Venue 1. This Court has federal question jurisdiction over Google’s claims under RICO, the Computer Fraud and Abuse Act, and the Lanham Act under 28 U.S.C. § 1331. This Court

also has jurisdiction over the Lanham Act under 28 U.S.C. § 1338 and 15 U.S.C. § 1121. This Court has supplemental jurisdiction over the state law claims under 28 U.S.C. § 1367. 2. This Court has personal jurisdiction over the Defendants because: a. The Defendants distribute malware to Google users in this district and within New York State; b. The Defendants send commands to infected user computers in this district and within New York State to carry out their illicit schemes; c. Google’s complaint and moving papers demonstrate that the Defendants undertook these activities intentionally and with knowledge that their actions would cause harm to users in New York and cause Google harm in New York. Google does business in New York and has done business in New York for many years. 3. Venue is proper in this judicial district under 28 U.S.C. § 1391(c) because Defendants are not residents of the United States and may be sued in any judicial district. Venue is also proper in this judicial district under 28 U.S.C. § 1391(b) and 18 U.S.C. § 1965 because a substantial part of the events or omissions giving rise to Google’s claims occurred in this judicial district, because a substantial part of the property that is the subject of Google’s claims is situated in this judicial district, because a substantial part of the harm caused by Defendants has occurred in this judicial district, and because Defendants transact their affairs in this judicial district. Moreover, Defendants are subject to personal jurisdiction in this district and no other

venue appears to be more appropriate. 4, The complaint pleads fact with the specificity required by the Federal Rules and states claims against Defendants for violations of (1) the Racketeer Influenced and Corrupt

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Organizations Act, 18 U.S.C. §§ 1962(c)-(2) (Count 1; (2) the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (Count I}; (3) the Lanham Act, 15 U.S.C. § | 114 (Count ITT); the Lanham Act, 15 U.S.C. § 1125{a} (Count IV); and tortious interference with business relationships (Count V). Temporary Restraining Order Factors The Court finds that Google has established each of the factors required for a temporary restraining order: (1) irreparable harm; (2) a likelihood of success on the merits or a substantial question as to the merits; (3) the balance of hardships tips in Google’s favor; and (4) a temporary restraining order serves the public interest. Citigroup Glob. Markets, Inc. v. VCG Special Opportunities Master Fund Ltd., 598 F.3d 30, 34 2d Cir. 2010); see also AIM Int'l Trading, LLC v. Valcucine, SpA, 188 F. Supp. 2d 384, 386 (8.D.N.Y. 2002) (same). Irreparable Harm 5. Google has established that it will suffer immediate, irreparable harm if this Court denies its request for a temporary restraining order. In particular, it has shown that the Defendants—through their participation in, and operation of, the Malware Distribution Enterprise—have threatened the security of the Internet, including Google platforms, by transmitting malware through the Internet to configure, deploy, and operate a botnet, as well as to distribute cracked software. The Enterprise has distributed malware on devices of Google users, compromising the security of those devices and continues to issue commands to those devices to carry out criminal activities, such as selling access to Google user accounts. 6. The Defendants are responsible for distributing a botnet that has infected approximately 672,220 CryptBot victim devices in the U.S. in the last year. At any moment, the botnet’s extraordinary computing power could be harnessed for other crimina! schemes. Defendants could, for example, enable large ransomware or distributed denial-of-service attacks

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