information.”106 Meanwhile, “the term ‘loss’ means any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service.”107 On appeal, the plaintiffs contend that they have properly pled “loss” under the statute because they have alleged that their “impermissibly seized [p]ersonally [i]dentifiable [i]nformation is both ‘currency’ and a marketable ‘commodity.’”108 By capturing and making economic use of such information, the plaintiffs say, the defendants have taken the value of such information for themselves, depriving the plaintiffs of their own ability to sell their internet usage information. Insofar as the plaintiffs have a right to capture that value for themselves, the plaintiffs contend that the defendants’ conduct has caused them harm. The complaint plausibly alleges a market for internet history information such as that compiled by the defendants. Further, the defendants’ alleged practices make sense only if that information, tracked and associated, had value. However, when it comes to showing “loss,” the plaintiffs’ argument lacks traction. They allege no facts suggesting that they ever 106 18 U.S.C. § 1030(e)(8). 107 Id. § 1030(e)(11). 108 Appellants’ Br. 45. 49

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