Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping
- “Web scraping” or “web harvesting”—the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders”—accounted for 18% of site visitors and 23% of all Internet traffic in 2013. Websites targeted by scrapers may incur damages resulting from, among... ›
Hot Off the Press: The July Issue of Our Socially Aware Newsletter Is Now Available
By: Aaron P. Rubin
The latest issue of our Socially Aware newsletter is now available here. Welcome to a special privacy issue of Socially Aware , focusing on recent privacy law developments relating to social media and the Internet. In this issue, we analyze a controversial European ruling... ›Supreme Court Stifles Aereo, but Tries to Keep the Cloud Away
In a closely watched case, the U.S. Supreme Court ruled today in a 6-3 decision that Aereo’s Internet streaming service engages in unauthorized public performances of broadcast television programs in violation of the Copyright Act, reversing the Second Circuit’s decision in American Broadcasting Companies,... ›Court Holds That DMCA Safe Harbor Does Not Extend to Infringement Prior to Designation of Agent
By: Aaron P. Rubin
The safe harbor provisions in § 512(c) of the Digital Millennium Copyright Act (DMCA) provide a mechanism that insulates online service providers from monetary damages for infringing materials posted or stored by their users. To receive this protection, service providers must designate an agent... ›Websites Hit With Demand Letters on Accessibility Issues Despite Courts’ Rejection of Claim
In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities, in violation of the Americans with Disabilities Act and California’s Unruh Act. These letters threaten litigation and warn of large penalty claims under the Unruh... ›Supreme Court Finds Laches Does Not Bar Copyright Infringement Claim: Petrella v. Metro-Goldwyn-Mayer, Inc.
The doctrine of laches cannot be invoked as a bar to a plaintiff’s claim for damages brought within the Copyright Act’s three-year statute of limitations period, according to the United States Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, Inc. The Court, in a 6-3... ›French Consumer Association Takes on Internet Giants
Earlier this year, the French consumer association UFC-Que Choisir initiated proceedings before the Paris District Court against Google Inc., Facebook Inc. and Twitter Inc., accusing these companies of using confusing and unlawful online privacy policies and terms of use agreements in the French versions... ›European Court of Justice Strengthens Right to Be Forgotten
The European Court of Justice (ECJ) issued a quite surprising decision against Google which has significant implications for global companies. On May 13, 2014 the ECJ issued a ruling which did not follow the rationale or the conclusions of its Advocate General, but instead... ›If You Host Videos on Your Website, Read This Blog Post Regarding the Video Privacy Protection Act
By: Julie O'Neill
In a much anticipated decision in the class action In re Hulu Privacy Litigation , U.S. Magistrate Judge Laurel Beeler of the U.S. District Court for the Northern District of California has shed new light on the meaning of “personally identifiable information” (PII) under... ›Which Way is Aereo Pointing? The Supreme Court Hears Arguments in Public Performance Copyright Case
In a case that could have a broad impact on how companies deliver content to consumers, the Supreme Court heard oral argument on April 22 in American Broadcasting Companies, Inc. v. Aereo, Inc. (No. 13-461). At issue is whether Aereo’s service engages in public performances under... ›