Does the CFAA Help Airlines Control Their Distribution Channels?–RyanAir v. Booking (Guest Blog Post)

CFAA liability; 2) Even if this conduct were sufficient to trigger direct CFAA liability, the CFAA does not provide for vicarious liability. The District Court of Delaware mostly denied Booking’s…

Section 230 Protect Apple’s App Store from Claims Over Cryptocurrency Theft–Diep v. Apple

…allegedly committed the CFAA violation, not the app store–but it’s still a provocative and possibly unprecedented ruling. As a practical matter, I don’t believe there’s a “secondary” claim for CFAA

Court Dissolves hiQ’s Injunction Against LinkedIn–hiQ v. LinkedIn

CFAA, based in part on the alleged anti-competitive conduct designed to suppress hiQ’s competitive products. Finally, the Court determined that the public interest favored hiQ because giving companies like LinkedIn…

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…