News & Analysis as of

Data Collection Computer Fraud and Abuse Act (CFAA)

Farella Braun + Martel LLP

Major Decision Affects Law of Scraping and Online Data Collection, Meta Platforms v. Bright Data

On January 23, 2024, the court in Meta Platforms Inc. v. Bright Data Ltd., Case No. 3:23-cv-00077-EMC (N.D. Cal.), issued a summary judgment ruling with potentially wide-ranging ramifications for the law of scraping and...more

Robinson+Cole Data Privacy + Security Insider

X Corp Lawsuits Target Data Scraping

X Corp (formerly Twitter) has cracked down on data scrapers in a series of lawsuits filed within the last several weeks. One lawsuit targets an Israel-based research firm that provides commercial data scraping, called Bright...more

Ballard Spahr LLP

OpenAI Class Action Likely to Increase Scrutiny of Webscraping and Data Collection Practices

Ballard Spahr LLP on

Summary - A class action lawsuit filed against OpenAI and its primary investor, Microsoft, seeks damages and injunctive relief for the alleged theft and commercial misappropriation of consumer personal data processed by and...more

Robinson+Cole Data Privacy + Security Insider

Class Action Filed Against Commonwealth of Massachusetts for Alleged COVID-19 Contact-Tracing Spyware Installation

This week, a lawsuit was filed in the U.S. District Court of Massachusetts against the Commonwealth of Massachusetts for its use of a COVID-19 contact-tracing app for residents’ mobile phones. However, very few residents...more

McDermott Will & Emery

Ninth Circuit Once Again Preserves Competitor’s Data-Scraping Rights

McDermott Will & Emery on

On remand from the Supreme Court of the United States, the US Court of Appeals for the Ninth Circuit reaffirmed its own 2019 opinion that preliminarily enjoined a professional networking platform from denying a data analytics...more

Troutman Pepper

Ninth Circuit Provides Guidance on Web Scraping

Troutman Pepper on

On April 18, the Ninth Circuit issued its opinion in hiQ Labs, Inc. v. LinkedIn Corporation in which the court clarified its position on an important topic: whether the common practice of data “web scraping” can create...more

Seyfarth Shaw LLP

Ninth Circuit Reaffirms that Data Scraping from Public Websites Does Not Violate the Computer Fraud and Abuse Act

Seyfarth Shaw LLP on

In September 2019, the Ninth Circuit held that hiQ Labs, Inc.’s (“hiQ”) collection and use of information that LinkedIn users shared on their public profiles did not violate the Computer Fraud and Abuse Act (“CFAA”) because...more

Jenner & Block

Data Scraping: In hiQ v. LinkedIn, the Ninth Circuit Reaffirms Narrow Interpretation of CFAA

Jenner & Block on

On April 18, 2022, the Ninth Circuit reaffirmed its narrow interpretation of the Computer Fraud and Abuse Act’s (CFAA) “without authorization” prong in a data scraping dispute between hiQ and LinkedIn. The opinion upheld a...more

Morgan Lewis - Tech & Sourcing

Data Scraping Deemed Legal in Certain Circumstances

After two decisions by the US Court of Appeals for the Ninth Circuit, data scraping is deemed legal if the information is publicly accessible on the internet. ...more

Pillsbury - Internet & Social Media Law Blog

Ninth Circuit Finds (Again) that Automated Web Scraping of Public Sites Is Legal

The Ninth Circuit Court of Appeals recently ruled in HiQ Labs, Inc. v. LinkedIn that automated web scraping of publicly accessible websites does not violate the Computer Fraud and Abuse Act (CFAA), even if the website owner...more

Fenwick & West LLP

HiQ Labs Scrapes by Again: The Ninth Circuit Reaffirms that Data-Scraping Does Not Violate the CFAA

Fenwick & West LLP on

In a much-anticipated ruling this week addressing the confluence of website scraping and computer hacking law, the U.S. Court of Appeals for the Ninth Circuit became the latest federal court to limit the reach of the Computer...more

Goodwin

Ninth Circuit Limits CFAA to Digital "Breaking and Entering," Finds LinkedIn Likely Has No CFAA Claim Against Web Scraper

Goodwin on

On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit reaffirmed a California district court’s order preliminarily enjoining LinkedIn from denying hiQ Labs, a data analytics company, access to...more

Eversheds Sutherland (US) LLP

US Cybersecurity and Data Privacy review and update: Looking back on our 2021 articles and planning ahead for 2022

The past year’s trends in privacy and cybersecurity are set to intensify in 2022, with heightened threats, increased regulations, and elevated expectations - as well as new opportunities. To navigate the year ahead, we lay...more

Cozen O'Connor

Web Scrapers And Their Targets Beware. Regulators Are Zeroing In On Privacy Implications

Cozen O'Connor on

Selling web users’ personal data is big business — with a projected worth of $400 billion by 2025. In industries as diverse as health insurance and automobile manufacturing, companies that collect and aggregate user data to...more

Amundsen Davis LLC

Employers’ Rights Under the Computer Fraud and Abuse Act (CFAA) Narrowed after Supreme Court Decision in Van Buren

Amundsen Davis LLC on

In today’s digital age, employers store immense amounts of information, including confidential and proprietary information, on their on-premises systems, cloud-servers and other data storage solutions. With this collection of...more

Pillsbury - Internet & Social Media Law Blog

Web Scraping Watch: Cases Set to Clarify Application of the Computer Fraud and Abuse Act

For years, website owners have leveraged the federal Computer Fraud & Abuse Act (CFAA) as a tool to combat unauthorized scraping of data and other content from their websites. Due to a circuit court split on the...more

Proskauer - New Media & Technology

Southwest Airlines Wins Injunction Barring Travel Site from Scraping

On September 30, 2021, a Texas district court granted Southwest Airline Co.’s (“Southwest”) request for a preliminary injunction against online travel site Kiwi.com, Inc. (“Kiwi”), barring Kiwi from, among other things,...more

Proskauer - New Media & Technology

Settlement in Plaid Fintech Data Case

On August 5, 2021, a proposed class action settlement was reached in the closely-watched privacy action against fintech services company Plaid Inc. (“Plaid”).  The settlement features a $58 million settlement fund and certain...more

Proskauer - New Media & Technology

Plaid Federal Electronic Surveillance Claims Dropped, Privacy Claims Survive

On April 30, 2021 a California district court trimmed various federal privacy-related claims, including the Computer Fraud and Abuse Act (CFAA) claim, from a highly-visible, ongoing putative class action against fintech...more

Kilpatrick

Monthly Minute | Protecting Against Data Scrapers

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Once a month, we cover an interesting topic in 60 seconds. This month, Richard Goldstucker and Jeff Fisher discuss protecting your organization's data against data scrapers....more

Bradley Arant Boult Cummings LLP

Privacy Litigation Updates for the Financial Services Sector: Claims Against Yodlee Survive and Limited Discovery of Envestnet...

In November 2020, Yodlee and its parent company Envestnet filed separate motions to dismiss the class action lawsuit brought over Yodlee’s alleged data collection and use practices. Yodlee’s motion to dismiss argued that...more

Proskauer - New Media & Technology

Financial Data Aggregator Faces Consumer Privacy Suit over “Surreptitious” Collection of Banking Information

Last week, a putative privacy-related class action was filed in California district court against financial analytics firm Envestnet, Inc. (“Envestnet”), which operates Yodlee, Inc. (“Yodlee”). (Wesch v. Yodlee Inc., No....more

Lowndes

Facial Recognition: What You Need to Know Now

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If you are like me and recently purchased new technology to help you efficiently work remotely during the COVID-19 pandemic, you may be using a device that incorporates facial recognition technology into its cadre of...more

Poyner Spruill LLP

When Does Web Scraping Become Trade Secret Misappropriation? The Eleventh Circuit Weighs In

Poyner Spruill LLP on

In Compulife Software Inc. v. Newman, No. 18-12004, 2020 WL 2549505 (11th Cir. May 20, 2020), the Eleventh Circuit vacated a trial court ruling that competitors who used a website operator’s server and database did not...more

Proskauer - New Media & Technology

Wholesale Scraping of “Public” Data May Be Trade Secret Misappropriation

In what could be prove to be an important decision within the context of scraping of “public” data, in a recent case the Eleventh Circuit reversed a lower court’s dismissal of trade secret claims relating to the scraping of...more

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