United StateshiQ Labs, Inc. v. LinkedIn Corp.
938 F.3d 985 (9th Cir. 2019), affirmed on remand (9th Cir. Apr. 18, 2022)
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Decided 18 April 2022 by the U.S. Court of Appeals for the Ninth Circuit.
A text and data mining (TDM) opt-out rule binding public and private bodies.
What this law does
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The Ninth Circuit held that automated scraping of publicly accessible web pages does not violate the Computer Fraud and Abuse Act (18 U.S.C. § 1030) because a website that permits general public access implicitly authorizes access to that public data, meaning 'without authorization' under the Computer Fraud and Abuse Act (CFAA) requires more than a cease-and-desist.
Publishers cannot rely on the CFAA alone to block news aggregators from indexing publicly available content, though state contract claims and copyright infringement claims remain live theories.
What it reaches
Instrument type
a court decision
Categories
TDM opt-out
When LexLint raises it
aggregates_contentcrawls_webtrains_models
Read the law
Decision date April 18, 2022 confirmed from search results
2019 F.3d citation widely documented
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