Facial Recognition Database Vendor May Not Qualify for Section 230--Vermont v. Clearview

Facial Recognition Database Vendor May Not Qualify for Section 230–Vermont v. Clearview

As you recall, Clearview AI is a facial recognition database vendor. Some law enforcement departments have adopted its service, but we aren’t sure how many. We also aren’t sure about its facial recognition accuracy (or, for that matter, how much…

A Closer Look at a Troubling Anti-Scraping Ruling from Spring–Compulife Software v. Newman (Guest Blog Post)

by guest blogger Kieran McCarthy Compulife Software, Inc. v. Newman is the first circuit court case in more than half a decade to expand liability for web scrapers under state and federal law. The two most recent circuit court opinions…

Another Court Significantly Limits the Scope of Criminal CFAA–Sandvig v. Barr

The plaintiffs want to create fake job profiles to research algorithmic discrimination. Fearing that their research activities would expose them to criminal CFAA prosecution, they challenged the CFAA as violating their First Amendment rights. Venkat blogged a preliminary ruling in…

Ninth Circuit Says LinkedIn Wrongly Blocked HiQ's Scraping Efforts

Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts

Fans of scraping cases may rejoice. The Ninth Circuit issued its long-awaited opinion in the hiQ v. LinkedIn case (it was argued in March 2018, so the opinion took about 18 months). It rules in favor of hiQ. hiQ was…

2H 2018 Quick Links, Part 4 (Trespass, Contracts)

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. v. Belleville 2018 N.Y. Slip Op. 07225 (N.Y. App. Div….

Video Advertising Contract Descends Into Possible "Cyberattack"--Radian Weapons v. GY6Vids

Video Advertising Contract Descends Into Possible “Cyberattack”–Radian Weapons v. GY6Vids

This is a lawsuit between Radian Weapons and GY6Vids, a company that Radian hired to promote Radian’s products on YouTube. (GY’s YouTube channel currently has almost seven hundred thousand subscribers. Press coverage of the lawsuit from The Bulletin here.) The…

Researchers’ Challenge to CFAA Moves Forward--Sandvig v. Sessions

Researchers’ Challenge to CFAA Moves Forward–Sandvig v. Sessions

This is a lawsuit brought by four professors and a media organization (First Look, publisher of the Intercept). Plaintiffs study real estate, finance, and employment transactions and seek to highlight the discriminatory effects of algorithms. To do so, they create…

Catching Up on Ninth Circuit CFAA Jurisprudence (Internet Law Casebook Excerpt)

[Eric’s note: this is another excerpt from my Internet Law casebook. Venkat and I couldn’t blog last year’s chaotic and messy Ninth Circuit’s CFAA jurisprudence in real time. I nevertheless took one for the team and tried to make sense of the…

LinkedIn Enjoined From Blocking Scraper--hiQ v. LinkedIn

LinkedIn Enjoined From Blocking Scraper–hiQ v. LinkedIn

hiQ Labs has scraped LinkedIn public profiles for several years. hiQ offers two products, entirely predicated on LinkedIn-scraped data: (1) a prediction to employers which employees were mostly likely to be recruited away, and (2) a summary of employee skills….

Catching Up On Some Recent Click Fraud Rulings

After all of the excitement over click fraud a decade ago, we don’t often see click fraud cases any more. However, just in the past couple months I’ve seen 3 rulings that I wanted to share with you. Wickfire, LLC…