Catching Up on Ninth Circuit CFAA Jurisprudence (Internet Law Casebook Excerpt)
…law actually provides. If so, does it make sense for the Ninth Circuit to treat cease-and-desist letters as dispositive on the CFAA “authorization” question? Recall that CFAA violations can be…
LinkedIn Enjoined From Blocking Scraper–hiQ v. LinkedIn
…The CFAA: Regarding the CFAA, the big question is whether LinkedIn’s cease and desist letter expressly revoked hiQ’s permission to access the site. In craigslist v. 3Taps, Judge Breyer said…
Announcing the 2017 Edition of ‘Internet Law: Cases & Materials’
…added some new problems. * I added notes about US v. Nosal and Facebook v. Power Ventures, but the CFAA/trespass to chattels area remains a disaster. As I’ve indicated before,…
Facebook Persistent Tracking Lawsuit Crashes Again
…past the standing hurdle. The one exception is plaintiffs’ claim under section 502 (California’s version of the CFAA). The court says that this claim requires a showing of damages, and…
Catching Up On Some Recent Click Fraud Rulings
…utilizing automated means and rotating through proxy servers in order to avoid detection.” The court discusses several claims: CFAA 1030(a)(4): “Plaintiff asserts two theories alleging how Defendants acquired improper access:…
Top 10 Internet Law Developments of 2016
…“win” over Viacom. * Ninth Circuit’s CFAA Angst (Facebook v. Vachaci and US v. Nosal). What are the contours of the CFAA in the Ninth Circuit? That’s a really good…
2H 2016 Quick Links, Part 5 (Patents, Other IP, Employment, CFAA)
…of cases similar to this one; in those cases, those courts have consistently held that liability under Section (a)(4) of the CFAA does not lie where, as here, an employee…
Redfin Defeats Copyright Claims Due to MLS License Agreement
…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 Chattels Ruling in 3Taps Case (Catch-up…
Scraping Lawsuit Survives Dismissal Motion–CouponCabin v. Savings.com
…The defendants moved to dismiss the CFAA, DMCA and contract claims. CFAA. The court denies the dismissal motion because “CFAA liability may exist in certain situations where a party’s authorization…
The New ‘Defend Trade Secrets Act’ Is The Biggest IP Development In Years (Forbes Cross-Post)
…Fraud & Abuse Act (but won’t). A number of other laws overlap with trade secret laws, such as the Computer Fraud and Abuse Act (CFAA), which restricts the unauthorized downloading…