Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)
…or implied that the CFAA is the only law that governs web scraping The CFAA is the most frequently litigated legal issue with web scraping, at least historically. And because…
As Everyone Expected Years Ago, hiQ’s CFAA Wins Don’t Mean It Can Freely Scrape–hiQ v. LinkedIn (Guest Blog Post, Part 1 of 2)
…hiQ’s CFAA “victories” mean nothing if it loses the breach of contract ruling. Either contracts or the CFAA is sufficient to stop hiQ’s scraping. hiQ had to win all of…
Does the CFAA Help Airlines Control Their Distribution Channels?–RyanAir v. Booking (Guest Blog Post)
…CFAA liability; 2) Even if this conduct were sufficient to trigger direct CFAA liability, the CFAA does not provide for vicarious liability. The District Court of Delaware mostly denied Booking’s…
Section 230 Protect Apple’s App Store from Claims Over Cryptocurrency Theft–Diep v. Apple
…allegedly committed the CFAA violation, not the app store–but it’s still a provocative and possibly unprecedented ruling. As a practical matter, I don’t believe there’s a “secondary” claim for CFAA…
Court Dissolves hiQ’s Injunction Against LinkedIn–hiQ v. LinkedIn
…CFAA, based in part on the alleged anti-competitive conduct designed to suppress hiQ’s competitive products. Finally, the Court determined that the public interest favored hiQ because giving companies like LinkedIn…
More Evidence of the CFAA Post-Van Buren/hiQ Jurisprudential Anarchy (Guest Blog Post)
…that has nothing to do with the internet or technology. Liability under the CFAA stems from simple “gates-up-or-down inquiry.” The CFAA does not apply to “publicly available” websites. But the…
Announcing the 2022 Edition of My Internet Law Casebook
…Excerpt on CFAA/Nosal/Power Ventures (now deleted) Excerpt on transborder enforcement Excerpt on Brazil’s Marco Civil (now deleted) Excerpt on notes about UMG v. Shelter Capital (Some of the freely available…
Quick Links from the Past Year, Part 6 (Defamation & Much More)
…legislature intended a single computer to fall within the definition of ‘computer system’” [in Indiana’s computer crime law]. * New DOJ guidance on prosecuting security researchers using the CFAA: The…
Can Facebook Stop Data Snarfers?–Meta v. BrandTotal
…to trial. Facebook’s Trespass to Chattels Claims (CFAA/502) The court says the CFAA and 502 elements are essentially the same except for the CFAA’s requirement of $5k of loss. BrandTotal’s…
A Pop Quiz on TOS Formation–Wilson v. Triller
…account”) and the call-to-action explaining the consequences of selecting that button. BONUS: The court also applies Van Buren to a CFAA claim, saying “Wilson alleges that Triller misused the information…