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 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

California Court: Facebook Can Enforce No Scraping Prohibition in Terms of Service in Password-Protected Section of Site

Facebook aggressively monitors web scraping on its platforms. And they aren’t shy about sending out cease and desist letters when they believe someone is violating their terms of service. After the Ninth Circuit’s decision in hiQ Labs, Inc. v. LinkedIn Corp. in 2019, however, there might have been some question whether a court (and, in … Read More

Are Bots Legal?

Bots are perfectly legal. Unless, of course, they’re programmed or designed to do illegal things. To paraphrase legal scholars Mark Lemley and Bryan Casey, well-drafted laws prohibit verbs, not nouns. There are millions of ways that you could code or program an automated system that generates almost no legal risk whatsoever. And there plenty of … Read More

A Comprehensive Legal Guide to Web Scraping in the US

TL;DR Web scraping is a complicated legal subject involving more than a dozen different laws. As such, it’s not possible to summarize all the legal issues associated with web scraping in just a few hundred words. That said, you can read the bolded sections here and the infographics in just a few minutes and learn … Read More

Remote Legal Practice, Eight Years Ahead of the Trend

In the past month, much of the world has shifted to remote work practices and so much has been disrupted. Here, at McCarthy Garber Law, we have continued to provide our legal services, uninterrupted, in the midst of this disruption to the outside world. And we’ll continue to do so. We’re able to do so, … Read More

No, You Don’t Need a Holding Company for Your Startup

One question I seem to be hearing more often from prospective clients lately: “How do I set up a holding company for my startup?” The answer is you don’t. Or, perhaps more precisely, you shouldn’t. A holding company is a company that owns other companies. The classic and most successful example is Berkshire Hathaway, the … Read More