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Data Collection Unauthorized Access

Troutman Pepper

Understanding Access vs. Acquisition - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

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Each of the 50 states has its own definition of what constitutes a reportable data breach. For some, it requires “unauthorized access” to personal information. For others, it requires “unauthorized acquisition.” And then,...more

Ankura

The AI Invasion: A Privacy Kaleidoscope

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This article is the first in our three-part series focused on data privacy considerations related to the use of Artificial Intelligence (AI) and machine learning. This first article highlights privacy topics related to the...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

Jenner & Block

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

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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

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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

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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

Cozen O'Connor

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

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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

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

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

Proskauer - New Media & Technology

Facebook Brings Suit against Developers of a Browser Extension That Harvested User Data

In continuing its efforts to enforce its terms and policies against developers that engage in unauthorized scraping of user data, this week Facebook brought suit against two marketing analytics firms, BrandTotal Ltd...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

Proskauer - New Media & Technology

Facebook Brings Suit against Mobile Marketing Firm for Siphoning User Data without Authorization

In continuing its push to enforce its terms and policies against developers that engage in unauthorized collection or scraping of user data, Facebook brought suit last month against mobile marketing and data analytics firm...more

Sunstein LLP

Exploitation of Publicly Available Website Data May be Unstoppable

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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

Seyfarth Shaw LLP

9th Circuit Takes Narrow View of the Computer Fraud and Abuse Act in LinkedIn Data Scraping Case

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In an a recently published opinion, the Ninth Circuit answered the question whether “LinkedIn, the professional networking website, [may] prevent a competitor, hiQ, from collecting and using information that LinkedIn users...more

Saul Ewing LLP

Ninth Circuit Rejects Claim That Web Scraping Violates CFAA

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On September 9, 2019, the U.S. Court of Appeals for the Ninth Circuit issued a highly-anticipated opinion in hiQ Labs, Inc. v. LinkedIn Corporation, No. 17-16783 (9th Cir. Sept. 9, 2019)....more

Proskauer - New Media & Technology

In Blockbuster Ruling, Ninth Circuit Affirms hiQ Injunction — CFAA Claim Likely Not Available for Scraping Publicly Available...

In a ruling that is being hailed as a victory for web scrapers and the open nature of publicly available website data, the Ninth Circuit today issued its long-awaited opinion in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783...more

Proskauer - New Media & Technology

Data Aggregator Seeks Ruling Allowing It to Scrape Public LinkedIn Data

In the latest development in the legal controversy over scraping, 3taps, Inc. (“3taps”), a data aggregator and “exchange platform” for developers, filed suit against LinkedIn seeking a declaratory judgment that 3taps would...more

Wilson Sonsini Goodrich & Rosati

District Court Issues Injunction in hiQ v. LinkedIn Scraping Case

On August 14, 2017, the U.S. District Court for the Northern District of California issued a preliminary injunction that prohibits LinkedIn from implementing legal or technological restrictions on hiQ's access, copying, and...more

McDermott Will & Emery

FTC Sees Disconnect on Proposed Connected Cars Legislation

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The Energy & Commerce Committee of the U.S. House of Representatives held a hearing on October 21st titled “Examining Ways to Improve Vehicle and Roadway Safety” to consider (among other matters) Vehicle Data Privacy...more

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