More Evidence of the CFAA Post-Van Buren/hiQ Jurisprudential Anarchy (Guest Blog Post)

…that has nothing to do with the internet or technology. Liability under the CFAA stems from simple “gates-up-or-down inquiry.” The CFAA does not apply to “publicly available” websites. But the…

Announcing the 2022 Edition of My Internet Law Casebook

…Excerpt on CFAA/Nosal/Power Ventures (now deleted) Excerpt on transborder enforcement Excerpt on Brazil’s Marco Civil (now deleted) Excerpt on notes about UMG v. Shelter Capital (Some of the freely available…

Quick Links from the Past Year, Part 6 (Defamation & Much More)

…legislature intended a single computer to fall within the definition of ‘computer system’” [in Indiana’s computer crime law]. * New DOJ guidance on prosecuting security researchers using the CFAA: The…

Can Facebook Stop Data Snarfers?–Meta v. BrandTotal

…to trial. Facebook’s Trespass to Chattels Claims (CFAA/502) The court says the CFAA and 502 elements are essentially the same except for the CFAA’s requirement of $5k of loss. BrandTotal’s…

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…