News & Analysis as of

Unauthorized Access Web Scraping

Alston & Bird

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

Alston & Bird on

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

Proskauer - New Media & Technology

Web Publisher Seeks Injunctive Relief to Address Web Scraper’s Domain Name Maneuvers Intended to Avoid Court Order

Late last year, Chegg Inc. (“Chegg”), an online learning platform, obtained a preliminary injunction based on allegations that the various operators of the Homeworkify website (“Defendants”) – which allows users to view...more

Polsinelli

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

Polsinelli on

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

District Court Decision Brings New Life to CFAA to Combat Unwanted Scraping

On October 24, 2022, a Delaware district court held that certain claims under the Computer Fraud and Abuse Act (CFAA) relating to the controversial practice of web scraping were sufficient to survive the defendant’s motion to...more

McDermott Will & Emery

Relief for White Hat Hackers and Web Scrapers?

McDermott Will & Emery on

In an effort to “promote privacy and cybersecurity by upholding the legal right of individuals, network owners, operators, and other persons to ensure the confidentiality, integrity, and availability of information stored in...more

Proskauer - New Media & Technology

DOJ Revises Policy for CFAA Prosecution to Reflect Developments in Web Scraping and Other Matters

On May 19, 2022, the Department of Justice (DOJ) announced that it had revised its policy regarding prosecution under the federal anti-hacking statute, the Computer Fraud and Abuse Act (CFAA). Since the DOJ last made changes...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

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

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

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

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

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

Snell & Wilmer

Legal Landscape of Web Scraping and Practice Tips

Snell & Wilmer on

This Legal Alert is a follow up to our June 3, 2021 Legal Alert, “Supreme Court Narrows Scope of the Computer Fraud and Abuse Act,” and provides an overview of relevant legal developments related to the topic as well as...more

Womble Bond Dickinson

SCOTUS Ruling Narrows Computer Fraud Law

Womble Bond Dickinson on

Highlights - The ruling limits types of conduct that can be charged under the Computer Fraud and Abuse Act (CFAA). - The ruling provides much-needed guidance for federal prosecutors but makes it more difficult to...more

Proskauer - New Media & Technology

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

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

Supreme Court Ends Long-Running Circuit Split over CFAA “Exceeds Authorized Access” Issue, Adopting a Narrow Interpretation That...

In a closely-watched appeal, the Supreme Court, in a 6-3 decision, reversed an Eleventh Circuit decision and adopted a narrow interpretation of “exceeds unauthorized access” under the Computer Fraud and Abuse Act (CFAA),...more

Proskauer - New Media & Technology

Southwest Airlines Sues to Stop Web Scraping of Fare Information

On January 14, 2021, Southwest Airlines Co. (“Southwest”) filed a complaint in a Texas district court against an online travel site, Kiwi.com, Inc. (“Kiwi”), alleging, among other things, that Kiwi’s scraping of fare...more

Proskauer - New Media & Technology

Supreme Court Hears Oral Argument in Its First CFAA Case

On November 30, 2020, the Supreme Court held oral argument in its first case interpreting the “unauthorized access” provision of the Computer Fraud and Abuse Act (CFAA). The CFAA in part prohibits knowingly accessing a...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

hiQ Files Opposition Brief with Supreme Court in LinkedIn CFAA Data Scraping Dispute

Last week, hiQ Labs, Inc. (“hiQ”) filed its brief urging the Supreme Court to deny LinkedIn Corp.’s (“LinkedIn”) petition for a writ of certiorari in the Ninth Circuit’s blockbuster ruling in hiQ Labs, Inc. v. LinkedIn Corp.,...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

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