Creating Parody Social Media Accounts Doesn’t Violate Computer Fraud & Abuse Act – Matot v. CH

[Post by Venkat Balasubramani] Matot v. CH, et al, 13-cv-153-TC (D.Or.) (Report and Recommendation, Aug. 19, 2013) (Order Dismissing Lawsuit, Sept. 26, 2013) This is a strange lawsuit brought by an assistant middle high school principal who alleged that defendants…

Craigslist Wins Routine But Troubling Online Trespass to Chattels Ruling in 3Taps Case (Catch-up Post)

By Eric Goldman Craigslist Inc. v. 3Taps Inc., 2013 WL 4447520 (N.D. Cal. August 16, 2013) I ran out of time to blog this ruling when it first came out, but it’s worth noting now. You may recall this dispute…

Multiple Listing Service Gets Favorable Appellate Ruling in Scraping Lawsuit

By Jake McGowan, with comments from Eric & Venkat Metropolitan Regional Information Systems, Inc. v. American Home Realty Network, Inc., 2013 WL 3722365 (4th Cir. July 17, 2013) This is a follow-up to our massive post on anti-scraping lawsuits in the…

H1 2013 Quick Links, Part 4 (Miscellaneous)

By Eric Goldman and Jake McGowan CFAA/Trespass * My colleague Kyle Graham traces the early history of California Penal Code Sec. 502. * Andrew Sellars on the Aaron Schwartz prosecution and Rep. Lofgren’s proposed Aaron’s Law. Related blog post. Consumer Protection * Interesting…

Independent Contractor Relationship Between Sender and Advertiser Dooms Spam Claims – Kramer v. NCS

[Post by Venkat Balasubramani] Kramer v. NCS, 12-1956 (8th Cir. May 28, 2013) Kramer, who operated an internet service provider in Clinton, Iowa, filed an ambitious–and as it turned out, ultimately quixotic–lawsuit over spam emails. He initially sued 300 unnamed…

Craigslist’s Anti-Consumer Lawsuit Threatens to Break Internet Law–Craigslist v. 3Taps/Padmapper (Forbes Cross-Post)

By Eric Goldman Craigslist, Inc. v. 3Taps, Inc., 2013 WL 1819999 (N.D. Cal. April 30, 2013) Craigslist is one of the best examples of the Internet’s sharing economy.  Craigslist improves markets by helping buyers and sellers find each other.  Remarkably, it…

Nosal Convicted of Computer Fraud and Abuse Act Crime Despite His Ninth Circuit Win – US v. Nosal

[Post by Venkat Balasubramani, with a comment from Eric] US v. Nosal, CR 08-0237 EMC (N.D. Cal. Mar. 12, 2013) (.pdf, denying motion to dismiss) US v. Nosal, a case that spawned two Ninth Circuit opinions and that’s sure to…

Online Trespass to Chattels Needs Structural Reform (Forbes Cross-Post)

By Eric Goldman In light of Aaron Swartz’s tragic suicide, there has been a lot of discussion–some productive, some not–about reforming the Computer Fraud & Abuse Act (the “CFAA”).  I support some of the reform proposals, but they don’t go…

Top Ten Internet Law Developments of 2012 (Forbes Cross-Post)

By Eric Goldman I’m pleased to share my list of top 10 developments of 2012: #10: The Push Towards Anti-Class Action Arbitration Clauses.  In 2011, the U.S. Supreme Court ruled in AT&T Mobility v. Concepcion that businesses may be able to adopt mandatory…

Anti-Scraping Lawsuits Are Going Crazy in the Real Estate Industry (Catch-Up Post)

By Jake McGowan with comments from Eric [Eric’s preliminary note: it’s taken me weeks to review this blog post, so I’ve been keeping poor Jake in a holding pattern. Still, I hope the wait is worth it.] The real estate…