Scraping Suit Stymied after Van Buren

Weil, Gotshal & Manges LLP

On June 14, 2021, the U.S. Supreme Court granted certiorari in LinkedIn Corp. v. hiQ Labs, Inc., one of the most significant Circuit-level decisions to date on the practice of data scraping. In light of the Court’s recent holding in Van Buren v. United States, which curbed the extent of the Computer Fraud and Abuse Act (“CFAA”), the Supreme Court vacated the Ninth Circuit’s opinion in hiQ and remanded the case for reconsideration. Given the prominent role the CFAA plays in companies’ efforts to halt data scraping, the Supreme Court’s decisions in Van Buren and hiQ could thus cause a significant shift in future litigation targeting the practice.

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