In the aftermath of the Supreme Court’s Van Buren decision this month and its resulting impact on data privacy litigation, the Supreme Court ordered the hiQ/LinkedIn data scraping saga to be remanded back to the Ninth Circuit.
Recall that in March 2020, LinkedIn filed a petition for a writ of certiorari, raising
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
Last week the Supreme Court’s decision in Van Buren v. United States resolved a decade-long circuit split concerning the “exceeds authorized access” clause of the Computer Fraud and Abuse Act (“CFAA”). Taking up the issue of whether an individual who has legitimate access to a computer network but accesses it for an improper or
Today, the Supreme Court handed down a decision significantly narrowing the scope of the Computer Fraud and Abuse Act (“CFAA”), a federal statute that can impose both criminal and civil liability on anyone who “intentionally accesses a computer without authorization or exceeds authorized access”, in its first-ever decision addressing this law.
In a 6-3 opinion
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
On February 25, 2021, Plaintiffs’ Motion for preliminary approval of a $92 million settlement was filed in the ongoing multidistrict litigation, In Re: Tiktok, Inc., Consumer Privacy Litigation (Case: 1:20-cv-04699). Shortly after the filing of the motion, objections were filed regarding the basis and terms of the settlement. After a hearing on March 3, 2021,
CPW has previously covered the state of play for data scraping litigation in the context of hiQ’s and LinkedIn’s ongoing dispute. For an update on this litigation, read on below.
As a reminder, data scraping is a mechanism of extracting data from websites (including websites not available to the public and accessible only to individuals
The technology that science fiction promised us has finally arrived, but accompanying it are new duties, liabilities, and causes of action. Smart homes, or homes interfaced with internet functionality, are growing in popularity. In a smart home, features like door locks and appliances may be connected to the internet, allowing consumers to remotely control or
It is a reoccurring issue in data privacy litigation—a plaintiff commences litigation challenging applications of new technology and raising various claims concerning decades-old data privacy laws that predated the technology at issue. Such is the case of recent data scraping litigation, addressed in greater detail below.
What is data scraping? Good question. To generalize, it