Nancy Graf v. Zynga Game Network, Inc., 750 F.3d 1098

Plaintiffs allege Facebook and Zynga disclosed referer header data to third parties.
Referer header includes user Facebook ID and the Facebook page URL viewed before clicking a link.
Disclosures were to advertisers/third parties via HTTP requests and inline frames.
District court dismissed for failure to state a claim; held no disclosure of “contents.”
Court consolidates Robertson v. Facebook and Graf v. Zynga; court reviews de novo and applies Iqbal/ Twombly pleading standards.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether referer header data are the ECPA "contents".	Plaintiffs contend referer data reveal contents of a communication.	Facebook/Zynga argue referer data are record information, not contents.	No; referer data are record information, not contents.
Whether plaintiffs have standing to sue for ECPA violations.	Plaintiffs allege injury from disclosure of IDs/URLs.	Plaintiffs lack concrete injury from third-party disclosures.	Plaintiffs lack standing for ECPA claims.

Edwards v. First American Corp., 610 F.3d 514 (9th Cir. 2010) (standing under statutes with right to judicial relief)
United States v. Reed, 575 F.3d 900 (9th Cir. 2009) (distinguishes contents vs. record information)
In re Pharmatrak, 329 F.3d 9 (1st Cir. 2003) (contents for form data disclosed to third parties)
United States v. Forrester, 512 F.3d 500 (9th Cir. 2008) (URL content distinctions; pen-tracker rationale)
Quon v. City of Ontario, 560 U.S. 746 (2010) (Fourth Amendment context; relevance to content vs. record)
Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standard; plausibility)
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading standard; plausibility)