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….
Video Advertising Contract Descends Into Possible “Cyberattack”–Radian Weapons v. GY6Vids
…that the allegations are threadbare and approach the line of being conclusory. But ultimately plausible (barely). CFAA: The court dismisses the CFAA claim. That claim requires pleading that Radian accessed…
Q2 2018 Quick Links, Part 2 (Copyright)
…which the court implies overturned RMG. – using bots or farmers to get around CAPTCHAs could be a DMCA 1201 violation – the CFAA claim fails. Ticketmaster’s C&D apparently wasn’t…
Redfin Must Defend Copyright Suit Over Property Photos–Stross v. Redfin
…Using Scraper to Harvest Records Isn’t Fraudulent Access Under CFAA–Fidlar v. LPS Multiple Listing Service Gets Favorable Appellate Ruling in Scraping Lawsuit Craigslist Wins Routine But Troubling Online Trespass to…
Researchers’ Challenge to CFAA Moves Forward–Sandvig v. Sessions
…prosecution under the CFAA. They brought an action for declaratory relief alleging First Amendment and Due Process Claims. The Internet is Special: Before tackling the standing question, the court inquires…
Catching Up on Ninth Circuit CFAA Jurisprudence (Internet Law Casebook Excerpt)
…law actually provides. If so, does it make sense for the Ninth Circuit to treat cease-and-desist letters as dispositive on the CFAA “authorization” question? Recall that CFAA violations can be…
LinkedIn Enjoined From Blocking Scraper–hiQ v. LinkedIn
…The CFAA: Regarding the CFAA, the big question is whether LinkedIn’s cease and desist letter expressly revoked hiQ’s permission to access the site. In craigslist v. 3Taps, Judge Breyer said…
Announcing the 2017 Edition of ‘Internet Law: Cases & Materials’
…added some new problems. * I added notes about US v. Nosal and Facebook v. Power Ventures, but the CFAA/trespass to chattels area remains a disaster. As I’ve indicated before,…
Facebook Persistent Tracking Lawsuit Crashes Again
…past the standing hurdle. The one exception is plaintiffs’ claim under section 502 (California’s version of the CFAA). The court says that this claim requires a showing of damages, and…