Q2 2020 Quick Links (Everything)
…Ninth Circuit held in hiQ Labs that, “[w]ith regard to such information, the ‘breaking and entering’ analogue invoked so frequently during congressional consideration [of the CFAA] has no application, and…
Another Court Significantly Limits the Scope of Criminal CFAA–Sandvig v. Barr
…Nevertheless, the researchers still won this ruling, because the court says that TOS violations can’t support criminal CFAA prosecutions. What Does the CFAA Cover? The CFAA prohibits access to a…
Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts
…violates LinkedIn’s rights under the CFAA. The court says it does not. The CFAA is aimed at safeguarding protected computers and information, and information that is generally publicly available does…
Announcing the 2019 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…
An Email Inbox Isn’t a “Place” for Purposes of Florida Privacy Law–Hall v. Sargeant
…legal doctrines might protect the email inbox as well; the ECPA and CFAA are two that come immediately to mind. If Harry Sargeant can’t win on any of those claims,…
2H 2018 Quick Links, Part 4 (Trespass, Contracts)
Trespass * Ryanair v. Expedia, 2018 WL 3727599 (W.D. Wash. Aug. 6, 2018). CFAA can apply when a US company scrapes data from an international website. * Jackie’s Enterprises, Inc….
Video Advertising Contract Descends Into Possible “Cyberattack”–Radian Weapons v. GY6Vids
…that the allegations are threadbare and approach the line of being conclusory. But ultimately plausible (barely). CFAA: The court dismisses the CFAA claim. That claim requires pleading that Radian accessed…
Q2 2018 Quick Links, Part 2 (Copyright)
…which the court implies overturned RMG. – using bots or farmers to get around CAPTCHAs could be a DMCA 1201 violation – the CFAA claim fails. Ticketmaster’s C&D apparently wasn’t…
Redfin Must Defend Copyright Suit Over Property Photos–Stross v. Redfin
…Using Scraper to Harvest Records Isn’t Fraudulent Access Under CFAA–Fidlar v. LPS Multiple Listing Service Gets Favorable Appellate Ruling in Scraping Lawsuit Craigslist Wins Routine But Troubling Online Trespass to…
Researchers’ Challenge to CFAA Moves Forward–Sandvig v. Sessions
…prosecution under the CFAA. They brought an action for declaratory relief alleging First Amendment and Due Process Claims. The Internet is Special: Before tackling the standing question, the court inquires…