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Monthly Minute | Protecting Against Data Scrapers
June 2020 Monthly Minute | Effectively Protecting Your Data
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
Pandora’s Virtual Try-On Tool Leads to BIPA Class Complaint - On November 15, 2022, a group of plaintiffs brought a purported class action against Pandora Jewelry LLC, claiming that its virtual try-on tool violates...more
UPDATE: On December 8, 2022, the court issued an order granting the Consent Judgment and Permanent Injunction. On December 6, 2022, the parties in the long-running litigation between now-defunct data analytics company hiQ...more
On remand from the Supreme Court of the United States, the US Court of Appeals for the Ninth Circuit reaffirmed its own 2019 opinion that preliminarily enjoined a professional networking platform from denying a data analytics...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
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
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
The U.S. Supreme Court is requesting that startup hiQ Labs Inc. respond to LinkedIn’s request for intervention of a ruling in the Ninth Circuit. In its petition for writ of certiorari filed in March, LinkedIn claimed that hiQ...more
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