Because the suit is about whether Facebook was acting with an ordinary level of operational care or if they were negligent.
Facebook claims they were deceived by Cambridge Analytica, but the lawsuit asks the question of whether or not Facebook acted with the kind of safeguards that a reasonable organization would have used.
For example, if my safety deposit box gets stolen by a thief at a bank, but the bank used a cheap Master padlock on the door, the bank could be held liable for negligence since no ordinary bank by a reasonable person’s judgment would use such a bad lock to secure a vault.
Yes, it was the thief’s fault, but the bank having unreasonably below-standard security was a proximal cause to the theft.
Facebook claims they were deceived by Cambridge Analytica, but the lawsuit asks the question of whether or not Facebook acted with the kind of safeguards that a reasonable organization would have used.
For example, if my safety deposit box gets stolen by a thief at a bank, but the bank used a cheap Master padlock on the door, the bank could be held liable for negligence since no ordinary bank by a reasonable person’s judgment would use such a bad lock to secure a vault.
Yes, it was the thief’s fault, but the bank having unreasonably below-standard security was a proximal cause to the theft.