Announcing the 2024 Edition of My Internet Law Casebook
…on Section 230 Excerpt on right to be forgotten Excerpt on CFAA/Nosal/Power Ventures (now deleted) Excerpt on transborder content enforcement Excerpt on Brazil’s Marco Civil (now deleted) Excerpt on notes…
Ryanair v. Booking CFAA Trial Ends with Strangest Possible Outcome (Guest Blog Post)
…what constitutes a “loss” under the CFAA. Under the CFAA, the plaintiff must not only show access without authorization but losses that were technological in nature that amount to more…
Facebook Makes Some Progress Against a Scraper–Meta v. Voyager (Guest Blog Post)
…Judgment against Bright Data on its breach of contract claim. Then Meta dismissed the suit, rather than appeal. In late March, X Corp. had its breach of contract and CFAA…
Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)
…For the CFAA claim, the rationale for dismissing X Corp.’s claim was nearly identical. Under the CFAA, to state a claim, one must allege a “loss” or damages of more…
Ninth Circuit Does More Ninth Circuit Things in its Latest Section 230 Ruling–Diep v. Apple
…apps are third-party content. The only remaining question is whether the claims treat Apple as a publisher/speaker. The court says the claims for CFAA, ECPA, Maryland’s Wiretapping and Electronic Surveillance…
Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH
…pernicious cases early. We need more of that. CFAA The CFAA is a federal statutory claim, which California’s anti-SLAPP law doesn’t apply to. (We urgently need a federal anti-SLAPP law…
Game On! Bright Data Scores Major Victory in Web-Scraping Dispute with Meta (Guest Blog Post)
…the most important case in the history of US web-scraping litigation. In that case, he ruled in favor of hiQ Labs on its CFAA claims, which produced two separate 9th…
Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)
…SCRAPING CASE, THE TRADEMARK CLAIMS, THE CFAA CLAIMS, THE TRESPASS TO CHATTELS CLAIMS, AND THE CONTRACT CLAIMS ARE ALWAYS ABOUT THE HARM FROM THE COPYING ITSELF! ALL OF THESE LEGAL…
Web Scraping for Me, But Not for Thee (Guest Blog Post)
…the primary legal theory that was used to deter web scraping was the Computer Fraud and Abuse Act or the CFAA. The CFAA prohibits accessing a “protected computer” without authorization….
Announcing the 2023 Edition of My Internet Law Casebook
…portions) and the Hamidi ruling. These are all 20 years old and don’t really represent the core doctrines today. This means I am actively seeking a CFAA/scraping case that can…