Published on JD Supra on October 29, 2019
The Ninth Circuit Court of Appeals recently handed open internet advocates a big win by upholding the right of a data analytics startup to use automated bots to scrape publicly available data (hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Sept. 9, 2019)). Although the Ninth Circuit did not definitively resolve the legal dispute between hiQ and LinkedIn, the court affirmed the district court’s preliminary injunction against LinkedIn, and found that hiQ’s automated scraping of publicly accessible data likely does not violate the Computer Fraud and Abuse Act (“CFAA”).