LinkedIn Data Scraping Case Shows 9th Circuit Shift On CFAA

Law360

"When may a company legally scrape data from another company’s website? Does it matter whether the website is open to the public or only to logged-in users? This is a contested area of law under the Computer Fraud and Abuse Act, 18 U.S.C. Section 1030, the federal statute that imposes liability for hacking and other forms of unauthorized access. The US Court of Appeals for the Ninth Circuit weighed in on these questions in its recent opinion in hiQ Labs Inc. v. LinkedIn Corp., holding that scraping publicly accessible data likely does not constitute a CFAA violation premised on accessing a computer 'without authorization.'"

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Bethany Lobo Partner, San Francisco
Joseph D. Mornin Associate, San Francisco
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Cyber/Data/Privacy Commercial Litigation