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Appeals court rules web scraping doesn’t violate anti-hacking law

arstechnica: “Scraping a public website without the approval of the website’s owner isn’t a violation of the Computer Fraud and Abuse Act, an appeals court ruled on Monday. The ruling comes in a legal battle that pits Microsoft-owned LinkedIn against a small data-analytics company called hiQ Labs. HiQ scrapes data from the public profiles of LinkedIn users, then uses the data to help companies better understand their own workforces. After tolerating hiQ’s scraping activities for several years, LinkedIn sent the company a cease-and-desist letter in 2017 demanding that hiQ stop harvesting data from LinkedIn profiles. Among other things, LinkedIn argued that hiQ was violating the Computer Fraud and Abuse Act, America’s main anti-hacking law. This posed an existential threat to hiQ because the LinkedIn website is hiQ’s main source of data about clients’ employees. So hiQ sued LinkedIn, seeking not only a declaration that its scraping activities were not hacking but also an order banning LinkedIn from interfering. A trial court sided with hiQ in 2017. On Monday, the 9th Circuit Appeals Court agreed with the lower court, holding that the Computer Fraud and Abuse Act simply doesn’t apply to information that’s available to the general public…”

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