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….
Do We Even Need the Computer Fraud & Abuse Act (CFAA)?–Van Buren v. US
…Computer Fraud & Abuse Act (CFAA). Disappointingly, the court explicitly punted on that key question, though the decision probably will prompt lower courts to narrow the CFAA’s scope anyway. To…
Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee
This is Part II of a review of recent social media ownership disputes. In Part I, I looked at how the Satanic Temple of Washington could not use the CFAA…
Social Media Ownership Disputes, Part I: the Satanic Temple of Washington Can’t Get Its Facebook Pages Back
…finds them all deficient and grants the ex-members’ motion to dismiss (with leave to amend). CFAA: The CFAA claim is premised on defendants’ violation of the organization’s “Code of Conduct”…
2H 2020 Quick Links, Part 2 (Section 230)
…unlikely to succeed on the CFAA claim because its allegations trigger immunity under the Good Samaritan provision of the Communications Decency Act, 47 U.S.C. § 230(c)(2). The Good Samaritan provision…
Facial Recognition Database Vendor May Not Qualify for Section 230–Vermont v. Clearview
…The hiQ line of cases interpret the CFAA, not to the Constitution, so they don’t help Clearview’s First Amendment claim. The court rejects Clearview’s vagueness argument, saying “Clearview had fair…
A Closer Look at a Troubling Anti-Scraping Ruling from Spring–Compulife Software v. Newman (Guest Blog Post)
…for web scraping under the Computer Fraud and Abuse Act (“CFAA”). Compulife, an opinion from the Eleventh Circuit, by contrast, analyzed liability for web scraping in the context of copyright…
Announcing the 2020 Edition of My Internet Law Casebook
…to add an online contracts piece to another course. Primer on CCPA Primer on FOSTA Primer on Section 230 Excerpt on right to be forgotten Excerpt on CFAA/Nosal/Power Ventures Excerpt…