In a recent post, we recounted the myriad of issues raised by recently-filed data scraping suits involving job listings, company reviews and employment data. Soon after, another interesting scraping suit was filed, this time...more
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
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
Over two and a half years ago, this column analyzed a Ninth Circuit case titled HiQ Labs, Inc. v. LinkedIn Corporation, in which the Court agreed with a lower court that had issued a preliminary injunction against LinkedIn...more
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
As we have previously discussed, claims under the Computer Fraud and Abuse Act (CFAA) are often asserted as a means of protecting online data from unwanted data scraping activity. The scope and application of the CFAA,...more
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
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
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
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
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
Earlier this month, the United States Supreme Court decided Van Buren v. United States. In that decision, the Court took a narrow interpretation of the Computer Fraud and Abuse Act (CFAA), holding that the CFAA “does not...more
On June 14, the United States Supreme Court issued a summary disposition in hiQ Labs, Inc. v. LinkedIn Corp. granting certiorari, vacating the Ninth Circuit’s previous judgment, and remanding the case for additional...more
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
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