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…

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….