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Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
Proskauer - New Media & Technology

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

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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

Proskauer - New Media & Technology

Supreme Court Vacates LinkedIn-HiQ Scraping Decision, Remands to Ninth Circuit for Another Look

Proskauer - New Media & Technology on

On June 14, 2021, in a closely-watched dispute involving the Computer Fraud and Abuse Act (CFAA), the Supreme Court granted LinkedIn Corp.’s (“LinkedIn”) petition for certiorari filed in the hiQ web scraping case. It...more

Proskauer - New Media & Technology

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

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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

Hinshaw & Culbertson - Lawyers' Lawyer...

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June/July 2020

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Confidentiality – Electronically Stored Information – Unauthorized Access - The State Bar of California's Standing Committee on Professional Responsibility and Conduct Formal Opinion Interim 16-0002 - Risk Management...more

Proskauer - New Media & Technology

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

Proskauer - New Media & Technology on

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

Proskauer - New Media & Technology

Circuit Court Denies LinkedIn’s Petition for En Banc Review of hiQ Scraping Decision

Proskauer - New Media & Technology on

Last month, LinkedIn Corp. (“LinkedIn”) filed a petition for rehearing en banc of the Ninth Circuit’s blockbuster decision in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Sept. 9, 2019). The crucial question...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

Proskauer - New Media & Technology

LinkedIn Petitions Circuit Court for En Banc Review of hiQ Scraping Decision

Proskauer - New Media & Technology on

On October 11, 2019, LinkedIn Corp. (“LinkedIn”) filed a petition for rehearing en banc of the Ninth Circuit’s blockbuster decision in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Sept. 9, 2019). The crucial...more

Proskauer - New Media & Technology

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

Proskauer - New Media & Technology on

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

Ninth Circuit Issues Important Decision on Software Licensing Practices and Web Scraping

Proskauer - New Media & Technology on

Earlier this month, the Ninth Circuit issued a noteworthy ruling in a dispute between an enterprise software licensor and a third-party support provider. The case is particularly important as it addresses the common practice...more

Proskauer - New Media & Technology

Supreme Court Denies Appeals of Notable Data Scraping, Computer Fraud Decisions from Ninth Circuit

Proskauer - New Media & Technology on

This past week, the Supreme Court denied the petitions for certiorari in two noteworthy Ninth Circuit decisions that had interpreted the scope of liability under the federal Computer Fraud and Abuse Act (CFAA) in the context...more

Patterson Belknap Webb & Tyler LLP

When Using a Computer Becomes a Crime, Part Two: ACLU, Facebook Weigh In on Ninth Circuit’s Answer

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The Electronic Frontier Foundation (“EFF”) and the American Civil Liberties Union (“ACLU”) have weighed in on Facebook’s high-profile dispute with a social media aggregation company over whether it had unlawfully accessed...more

Nossaman LLP

Ninth Circuit Issues Two Recent Decisions Further Definining Liability Under the Computer Fraud and Abuse Act

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In July, the Ninth Circuit Court of Appeals issued two decisions by which it intends to clarify liability under the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”). The CFAA imposes criminal penalties and...more

Morrison & Foerster LLP - Social Media

Ninth Circuit Case Demonstrates That the Social Media Platform, Not the User, Is in Control

Morrison & Foerster LLP - Social Media on

We have written before about website operators’ use of the federal Computer Fraud and Abuse Act (CFAA) to combat data scraping. We have also noted a number of recent cases in which courts held that social media platforms,...more

Morrison & Foerster LLP - Social Media

Ownership of Business-Related Social Media Accounts

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Social media platforms have become an increasingly important means for companies to build and manage their brands and to interact with their customers, in many cases eclipsing companies’ traditional “.com” websites. Social...more

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