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Alston & Bird

U.S. Court Rules Against Online Travel Booking Company in Web-Scraping Case

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On July 18, 2024, a federal jury in Delaware found that an online travel booking company violated the Computer Fraud and Abuse Act (CFAA) by accessing portions of a European airline’s website without permission and “with...more

Polsinelli

Data Scraping Update: ‘LinkedIn v. hiQ’ Answers Some Questions but Leaves Many More Open

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2022 provided companies with further clarity and insight regarding legal claims that might be viable to stop data (or web) scraping and those that likely won’t work. Data scraping continues to become an increasingly popular...more

Proskauer - New Media & Technology

Data Scraper’s Declaratory Action Seeking Green Light to Scrape LinkedIn Survives Motion to Dismiss

On November 15, 2022, a California district court declined to dismiss a declaratory judgment action brought by a data scraper, 3taps, Inc. (“3taps”), against LinkedIn Corp. (“LinkedIn”). (3taps, Inc. v. LinkedIn Corp., No....more

Patterson Belknap Webb & Tyler LLP

DOJ Issues New Guidance for Charging CFAA Cases

In a significant development in anti-hacking criminal enforcement, the Department of Justice last week released new guidance for charging violations of the Computer Fraud and Abuse Act (“CFAA”), the nation’s premier computer...more

Farella Braun + Martel LLP

[Webinar] Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments - June 7th, 11:00 am - 12:00 pm...

Join Stephanie Skaff and Erik Olson in the discussion on "Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments." Web scraping has existed as long as the World Wide Web has, and as data has...more

Troutman Pepper

Ninth Circuit Provides Guidance on Web Scraping

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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

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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

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

Proskauer - New Media & Technology

Taking Cue from the Supreme Court’s Van Buren Decision, Ninth Circuit Releases New Opinion Holding Scraping of Publicly Available...

On remand from the U.S. Supreme Court, the Ninth Circuit earlier this week again affirmed the lower court’s order preliminarily enjoining LinkedIn Corp. (“LinkedIn”) from blocking data analytics company hiQ Labs, Inc.’s...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

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

Poyner Spruill LLP

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

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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

Seyfarth Shaw LLP

D.C. Federal Court Finds That Using “Fake” Job Profiles And Postings To Ferret Out Discrimination Is Not Criminal

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Seyfarth Synopsis: In a first-of-its-kind ruling in Sandvig v. Barr, No. 16-1368, 2020 WL 1494065 (D.D.C. Mar. 27, 2020), the U.S. District Court for the District of Columbia held that private citizens investigating whether...more

Sunstein LLP

Exploitation of Publicly Available Website Data May be Unstoppable

Sunstein LLP on

Data scraping is a technique by which automated tools are used to extract data from a website and format the data for analysis. Many companies mine website users’ publicly accessible data in order to tailor products and...more

Pillsbury - Internet & Social Media Law Blog

Does the CFAA Apply to Website Scraping? The Ninth Circuit Says “Not So Fast”

Companies use a variety of causes of actions to protect their websites from competitors or others wanting to “scrape” data from their site using automated tools. ...more

Foley Hoag LLP - Security, Privacy and the...

Data Scraping, at Home and Abroad

Data scraping is a technique where information on one platform is exported onto another. The practice is widespread and is used for all sort of reasons, like market analysis or advertising. The kind of information located and...more

White & Case LLP

Don’t worry – it’s publicly available on the internet!

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Due diligence considerations with respect to licensing data and acquiring data-dependent businesses. In the relentless pursuit of the competitive advantages that arise from efficiency and speed, companies are increasingly...more

Proskauer - New Media & Technology

Ticketmaster Reaches Settlement with Ticket Broker over Unauthorized Use of Automated Bots

In early July, Ticketmaster reached a favorable settlement in its action against a ticket broker that was alleged to have used automated bots to purchase tickets in bulk, thus ending a dispute that produced notable court...more

Proskauer - New Media & Technology

Web Scraping Decisions Consider Contract Cause of Action

Two recent web scraping disputes highlight some important issues regarding whether a website owner may successfully allege a breach of contract action against a commercial party that has scraped website content contrary to...more

Poyner Spruill LLP

The Right to be Forgotten in an Era of Instant Notoriety

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*Trigger Warning*: This article includes mentions of suicide. It could be the start of a Law & Order episode. In August, a pedestrian in Manhattan’s East Village noted a driver sitting inside a parked car. The driver was...more

Holland & Knight LLP

Craft Brewer Failed Attempt to Use Trade Secret Laws to Close the Door on Glassdoor Reviews

Holland & Knight LLP on

The public's increasing reliance on anonymous product and company reviews posted online often gives rise to complaints by the subjects of those reviews, especially when the reviews are negative or critical, and threaten to...more

Husch Blackwell LLP

Publicly Available Data: To Scrape Or Not To Scrape?

Husch Blackwell LLP on

Let’s say that your next idea—which could be the next big idea—involves a web-based collection, compilation, or some presentation of a sliver of “big data” so pioneering, maybe even disruptive, that customers and investors...more

Proskauer - New Media & Technology

Court Denies TRO against Data Scraper That Accessed Private Database via Registered Accounts

This past week, a Texas district court denied a bid from a web service for a temporary restraining order (TRO) to enjoin a competitor that allegedly scraped a large amount of proprietary data from its closed site via several...more

Dorsey & Whitney LLP

If This Copyright Law Post Mentions Hamilton, You’re More Likely to Read It

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This post is about Hamilton. Well, sort of. It’s actually about copyright law. But keep reading!...more

Orrick - Trade Secrets Group

Constitutional Challenge To CFAA Survives Motion To Dismiss As D.C. Court Weighs In On Circuit Split

On March 30, 2018, in Sandvig v. Sessions, the U.S. District Court for the District of Columbia allowed one of several constitutional challenges to the Computer Fraud and Abuse Act to survive a motion to dismiss. ...more

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