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…
Chegg Is Likely to Prevail on Its Anti-Scraping Contracts Claim…But Doesn’t Get an Injunction–Chegg v. Doe (Guest Blog Post)
…counts! Score one win for the crafty scraper! (for now…) CFAA claims Chegg brought a CFAA claim against the defendant because: 1) its data is behind a log-in screen; 2)…
Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)
…Ninth Circuit, in a much-celebrated opinion, rejected LinkedIn CFAA’s claim, stressing the public nature of the information that was scraped. But a few months later, in a much less high-profile…
The 9th Circuit Keeps Trying to Ruin Cybersecurity–Enigma v. Malwarebytes
…intent to gain unauthorized access to a computer for some nefarious purpose.” NOT HELPFUL. What constitutes “unauthorized access” is itself a jurisprudential morass (see, e.g., every CFAA ruling since Van…
After hiQ Labs, Is Scraping Public Data Legal? (Guest Blog Post)
…Circuit on the CFAA claims, where the court said, twice: Although there are significant public interests on both sides, the district court properly determined that, on balance, the public interest…