Six Web-Scraping Legal Trends for Q1 2024

2024 is going to be a massive year for web-scraping legal decisions. There will be substantive decisions in all the major generative AI cases. Big-name scraper Bright Data is in legal battles with Twitter and Facebook. Ryanair and are locked in a legal struggle. And so on. With all that, I suspect this is … Read More

Arbitration for Thee but Not for Me

It is common knowledge among lawyers that online platforms have broad leeway to enforce arbitration agreements in their online ToS. But one wrinkle that is perhaps not as well known is that many companies selectively draft their online contracts to compel arbitration when they prefer it, while still allowing them to avail themselves of traditional … 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

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