Scraping Content: the CFAA, DMCA, and Terms of Use

Scraping Content: the CFAA, DMCA, and Terms of Use

The Computer Fraud and Abuse Act—created in response to fears of cybercriminal attacks—has morphed into a potential tool for policing third-party scraping and access to websites. How and why are content hosting websites, such as LinkedIn, craigslist, and Facebook using the CFAA to police third-party uses of their and their users’ content? What are the risks for entities using third-party sites, such as data scrapers? What are the key issues, limits, and unresolved questions for CFAA enforcement, and how does the CFAA interact with other “access”-based statutes?

Panelists: Benjamin Glatstein, Senior Attorney, Microsoft Corp. (Moderator); Jonathan Blavin, Partner, Munger, Tolles & Olson LLP; Neel Chatterjee, Partner, Orrick, Herrington & Sutcliffe LLP; Hanni Fakhoury, Staff Attorney, Electronic Frontier Foundation; Aaron Schur, Senior Director of Litigation, Yelp Inc.

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