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…
Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn
…it continue operating its business… ¯\_(ツ)_/¯ Can LinkedIn enjoin hiQ’s scraping on non-CFAA grounds? If LinkedIn wins on any other claim, the CFAA issue becomes an inconsequential distraction. The court…
Database Access After Failed Negotiations Didn’t Violate the CFAA–Carfax v. Accu-Trade
…statute pre-dated the CFAA and is not “derivative” of the CFAA. Courts have not employed the rule of lenity in interpreting it. __ A few comments about this ruling. The…
The CFAA “Gates-Up-or-Down” Metaphor Is Baffling Courts–ACI v. Conservice (Guest Blog Post)
…the CFAA is that liability under both clauses of the CFAA stems from a gates-up-or-down inquiry.” But that certainly seemed like the logical conclusion based on what they did say….
Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita
…of its Facebook page from a competing faction. It relied on CFAA and cybersquatting claims, as well as tortious interference, consumer protection, and defamation claims. The claims were unsuccessful, and…
Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)
…a cease-and-desist letter, Power Ventures could not access Facebook accounts with “authorization” under the CFAA and was thus violating the CFAA, even though they still had authorization from Facebook’s users…
2021 Internet Law Year-in-Review
…Other legal developments of note: Van Buren v. US. Yay, we got our first Supreme Court opinion interpreting the CFAA. Boo, the opinion answered none of the questions we needed…
TOS Supports Injunction Against Web Scraping–Southwest Airlines v. Kiwi
…CFAA, the Texas computer crime statute, breach of contract, and trademark. The court previously denied Kiwi’s motion to dismiss, without much discussion of the merits. Southwest relied on its breach…
Announcing the 2021 Edition of My Internet Law Casebook
…piece to another course. Primer on CCPA/CPRA Primer on FOSTA Primer on the Copyright Claims Board (CCB) Primer on Section 230 Excerpt on right to be forgotten Excerpt on CFAA/Nosal/Power…
More Perspectives About Van Buren v. US (Guest Blog Post)
…of the CFAA. I think the correct interpretation of the CFAA is a less-prominent CFAA that only applies to clear and unambiguous instances of breaching a bona fide authentication barrier….