Case 8:17-cv JSM-TBM Document 1 Filed 03/15/17 Page 1 of 8 PageID 1

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1 Case 8:17-cv JSM-TBM Document 1 Filed 03/15/17 Page 1 of 8 PageID 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMP A DIVISION LIBYA TELECOM AND TECHNOLOGY ) CO. and THE LIBYAN ) INTERN A TI ON AL TELECOM ) COMPANY, ) ) Plaintiffs, ) ) v. ) ) DOES INCLUSIVE, ) ) Defendants. ) ~~~~~~~~~-) COMPLAINT Case No.: Plaintiffs Libya Telecom and Technology Co. ("LTT") and The Libyan International Telecom Company ("LITC") (together, "Plaintiffs"), for their Complaint against fictitiously named defendants Does (the "Defendants") allege as follows: NATURE OF THE ACTION 1. This is a civil action for injunctive relief and damages arising under the Computer Fraud and Abuse Act, 18 U.S.C et seq. As alleged more fully below, Defendants planned, organized, financed, and executed ongoing hackings of the computer servers of LTT in order to unlawfully obtain international access to Libya' s telephone system. 2. Once it obtained such unlawful access, Defendant configured a virtual international link into the Libyan local telephone system and stole approximately three million long distance minutes (the "Stolen Minutes").

2 Case 8:17-cv JSM-TBM Document 1 Filed 03/15/17 Page 2 of 8 PageID 2 3. As a proximate and intended result of the hacking into L TT' s server, Defendants caused losses to Plaintiff LITC in the amount of the value of the Stolen Minutes, estimated at $1.5 million. THE PARTIES 4. PlaintiffLTT is a subsidiary of Libya Post, Telecommunication & Information Technology Holding Company. LTT has offices at Al Fatah Street, Abu Setta, Tripoli, Libya. 5. L TT is the main internet service provider for home and small businesses (WiMAX, ADSL, FTTH) and for corporate and medium-sized enterprises (including VSAT, DSL, Wireless). L TT also provides hosting services and voice services (Cellular Service "MVNO," VoIP/IMS), as well as IMS services (voice over IP or VoIP). 6. LTT maintains a computer server known as a voice proxy server (session border controller (SBC)) that serves as a gateway for external service provider networks to various local fixed or mobile operators, routing voice calls into the local telephone system of Libya for LTT residential and/or enterprise customers. 7. Plaintiff LITC is a subsidiary of Libya Post, Telecommunication & Information Technology Holding Company, a corporation incorporated under the law of Libya with offices at Hey Elwihda El arabia Beside Alwaha Bank, Tripoli, Libya. 8. LITC is a Tier 1 telephone service provider that controls and sells international long distance access to Libya's local telephone system, and is the main provider of internet international links to local Libyan ISPs. -2-

3 Case 8:17-cv JSM-TBM Document 1 Filed 03/15/17 Page 3 of 8 PageID 3 9. Plaintiffs are unaware of the true names of the Defendants sued herein as DOES 1-100, inclusive, and therefore sues these Defendants by fictitious names. Plaintiffs will further amend this Complaint to allege the true names of these Defendants when ascertained. JURISDICTION AND VENUE 10, This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. 1331, as the action arises under the laws of the United States. 11. This Court has personal jurisdiction over the Defendants as a result of the Defendants' unauthorized access into, and misappropriation of a service from, a "protected computer" as defined in 18 U.S.C. 1030(e)(2)(B), which was used for commerce and communication with persons and entities in the United States. 12. Venue is proper in this judicial district pursuant to 28 U.S.C. 139l(b). FACTS 13. On or about November 5, 2015, PlaintiffLTT discovered that Defendants had hacked into and had gained unauthorized access to Plaintiff L TT' s voice proxy computer server (SBC) on or about September 11-14, Although Plaintiff LTT's voice proxy server (SBC) is connected to the Libyan local telephone network, it is not normally used to route international calls into Libya. 15. Instead, international calls into Libya are provided by and routed through Plaintiff LITC, a Tier 1 provider that controls and sells international long distance minutes into the Libyan telephone system to other Tier 1 telephone providers around the world, such as AT&T, France Telecom and Telecom Italia. -3-

4 Case 8:17-cv JSM-TBM Document 1 Filed 03/15/17 Page 4 of 8 PageID Plaintiffs discovered the hacking after hearing that someone - on information and belief, the hacker or someone working in concert with the hacker - had approached Telecom Italia with an offer to sell international long distance access into Libya for half of PlaintiffLITC's rates. Telecom Italia subsequently informed LITC of such offer Plaintiff L TT subsequently determined that Defendants had hacked into Plaintiff L TT' s voice proxy server (SBC) and had configured a virtual international link over the Internet known as an "IP sec." The purpose of the IP sec was to open an unauthorized pathway into Plaintiff L TT' s voice proxy server through which international calls could be routed via the Internet. 18. Plaintiff LTT also determined that Defendants used an IP address based in the United States, specifically Hillsborough County, Florida, to implement their scheme. As a result of Defendants' having installed the IP sec into Plaintiff L TT' s voice proxy server, the voice proxy server was, unbeknownst to Plaintiffs, being used by Defendants to route long distance calls into Libya from a Florida IP address, and was thus in regular communication with the United States. 19. By hacking and gaining and exploiting unauthorized access to PlaintiffLTT's voice proxy computer server, Defendants circumvented the authorized service for routing long distance calls into Libya, which is provided by Plaintiff LITC. 20. The result of Defendants' hacking is that they stole approximately three million valuable international minutes by circumventing through unlawful means LITC's paid access to Libya' s local telephone network before the hacking was discovered. -4-

5 Case 8:17-cv JSM-TBM Document 1 Filed 03/15/17 Page 5 of 8 PageID On information and belief, Defendants sold the Stolen Minutes to others and profited therefrom. CAUSE OF ACTION VIOLATION OF THE COMPUTER FRAUD AND ABUSE ACT (18 u.s.c. 1030) 22. Plaintiff incorporates by reference as though fully set forth herein the allegations contained in paragraphs 1 through 21 above. 23. Defendants violated the Computer Fraud and Abuse Act, 18 U.S.C. 1030(a)(2)(C), by intentionally accessing protected computers without authorization, and circumventing authorized channels to steal international long distance minutes using such protected computers. 24. Defendants violated the Computer Fraud and Abuse Act, 18 U.S.C. 1030(a)(5)(B), by intentionally accessing protected computers without authorization, and as a result of such conduct, recklessly causing damage to Plaintiffs. 25. Defendants violated the Computer Fraud and Abuse Act, 18 U.S.C. 1030(a)(5)(C), by intentionally accessing protected computers without authorization, and as a result of such conduct, causing damage and loss to Plaintiffs. one another. 26. Upon information and belief, the Defendants acted jointly and in concert with U.S.C. 1030(g) of the Computer Fraud and Abuse Act provides that any "person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief." Pursuant to 18 U.S.C. 1030(g), (a)(2)(c), and (c)(4)(a)(i)(i) of the -5-

6 Case 8:17-cv JSM-TBM Document 1 Filed 03/15/17 Page 6 of 8 PageID 6 Computer Fraud and Abuse Act, a civil action may be brought ifthe conduct involves a loss during any one-year period aggregating at least $5,000 in value. 28. As a proximate result of the Defendants' violations of the Computer Fraud and Abuse Act, Plaintiffs have suffered damage and loss in excess of $1,500,000 within a one year period, consisting of the value of the Stolen Minutes and expenses (not including attorneys' fees) to investigate the hackings and to control and remediate the damage Defendants have already caused and are in a position to further cause. 29. Plaintiff has suffered damage and loss by reason of Defendants' wrongful conduct, and Defendants have been unjustly enriched. 30. As a proximate result of these violations, Plaintiff has suffered damage and loss in an amount to be proven at trial. 31. Under 18 U.S.C. 1030(g) of the Computer Fraud and Abuse Act, Plaintiff is entitled to an award of compensatory damages and injunctive and equitable relief. 32. The Court should therefore enjoin any further attempted access of the protected computer. PRAYER FOR RELIEF WHEREFORE, Plaintiffs Libya Telecom and Technology Co. and The Libya International Telecom Company demand judgment against the Defendants, jointly and severally, as follows: (1) Adjudging that the Defendants' actions violated the Computer Fraud and Abuse Act, 18 U.S.C et seq.; -6-

7 Case 8:17-cv JSM-TBM Document 1 Filed 03/15/17 Page 7 of 8 PageID 7 (2) Enjoining the Defendants, their affiliates, employees, agents, and representatives, and all persons acting in concert or participation with Defendants, from accessing or attempting to access any of Plaintiffs' servers that provide access to international long distance calls into Libya; (3) Awarding Plaintiff compensatory and punitive damages in an amount to be determined at trial; ( 4) Awarding Plaintiff its costs and reasonable attorneys' fees; and ( 5) Awarding such other and further relief as the Court deems just and proper. -7-

8 Case 8:17-cv JSM-TBM Document 1 Filed 03/15/17 Page 8 of 8 PageID 8 Dated: March 15, 2017 Tampa, Florida Respectfully submitted, LAURO LAW FIRM JO~ ' Florida Bar No j lauro@laurolawfirm.com MICHAEL G. CALIFANO - Local Counsel Florida Bar No mcalifano@laurolawfirm.com LAURO LAW FIRM 101 East Kennedy Boulevard, Suite 3100 Tampa, Florida T: F: Attorneys for Plaintiffs Libya Telecom and Technology Co. and The Libyan International Telecom Company CURTIS, MALLET-PREVOST, COLT & MOSLE LLP JACQUES SEMMELMAN (JS 5020) - Trial Counsel j semmelman@curtis.com MICHAEL R. GRAIF (MG 4 795) mgraif@curtis.com 101 Park A venue New York, New York (212) Attorneys for Plaintiffs Libya Telecom and Technology Co. and The Libyan International Telecom Company **Pro Hae Vice Admission Pending** -8-