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A Comprehensive Guide to the Law of Online Contracts

Date of Last Update: April 25, 2022 TL;DR This is a long article (nearly 13,000 words!) about a complicated subject. It provides substantial amounts of historical context and legal analysis. You might not care about any of that. But you can read the bolded sections and the infographics, and you’ll get gist of it. One … Read More

hiQ Labs II: Second Verse, Same as the First

On April 18th, the Ninth Circuit issued its opinion in hiQ Labs, Inc. v. LinkedIn. Corp. on remand from the Supreme Court. My quick take: This is perhaps the most important case in the history of web-scraping litigation. It is about limiting the scope of a federal criminal statute with civil applications in a civil … Read More

9 Web Scraping Legal Questions for 2022

In 2021, the two big stories in the world of web scraping and the law were the Supreme Court’s decision in Van Buren v. United States, and the Supreme Court’s decision to vacate the hiQ Labs opinion from the 9th Circuit in 2019 and remand it for further consideration light of Van Buren. As I … Read More

Web Scraping and Antitrust Law

Web Scraping and Antitrust Law In 2019, in what was at the time the most important legal precedent in the United States with web scraping, the Ninth Circuit Court of Appeals wrote: We agree with the district court that giving companies like LinkedIn free rein to decide, on any basis, who can collect and use … Read More

What the Supreme Court Opinion in Van Buren Means for Web Scraping

Since the early 2000s, the most important federal law governing web scraping in the United States has been the Computer Fraud and Abuse Act (“CFAA”). For host websites that wanted to stop scraping, the CFAA has been the go-to legal remedy to threaten web scrapers. For the first time since the law was enacted in … Read More

The First Rule of the Law of Web Scraping

The first rule of the law of web scraping is this: Details matter. As I’ve written before, there are dozens of laws associated with web scraping. As such, no single “three-part test” can tell you whether what you’re doing is legal or not. The only way to properly assess that is to look into the … Read More

The SEC, Web Scraping, and Material Non-Public Information

Web scraping has recently come under scrutiny from regulatory agencies that investigate securities laws. Increasingly, investment firms have been using web scraping as an alternative form of data collection. To bolster more traditional data sets like SEC filings and financial statements, investment firms have been going directly to websites and online resources to get information … Read More