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LinkedIn Says It's Illegal To Scrape Its Website Without Permission (arstechnica.com)

Posted by msmash on from the my-data,-my-rules dept.

A small company called hiQ is locked in a high-stakes battle over web scraping with LinkedIn. It's a fight that could determine whether an anti-hacking law can be used to curtail the use of scraping tools across the web. From a report: HiQ scrapes data about thousands of employees from public LinkedIn profiles, then packages the data for sale to employers worried about their employees quitting. LinkedIn, which was acquired by Microsoft last year, sent hiQ a cease-and-desist letter warning that this scraping violated the Computer Fraud and Abuse Act, the controversial 1986 law that makes computer hacking a crime. HiQ sued, asking courts to rule that its activities did not, in fact, violate the CFAA. James Grimmelmann, a professor at Cornell Law School, told Ars that the stakes here go well beyond the fate of one little-known company. "Lots of businesses are built on connecting data from a lot of sources," Grimmelmann said. He argued that scraping is a key way that companies bootstrap themselves into "having the scale to do something interesting with that data." [...] But the law may be on the side of LinkedIn -- especially in Northern California, where the case is being heard. In a 2016 ruling, the 9th Circuit Court of Appeals, which has jurisdiction over California, found that a startup called Power Ventures had violated the CFAA when it continued accessing Facebook's servers despite a cease-and-desist letter from Facebook.

4 of 167 comments (clear)

  1. Re:I've done several scraping projects by im_thatoneguy · · Score: 3, Informative

    You can have terms of service though on a login to make it easily illegal.

    "By logging in you agree to not republish data that you view."

  2. Re:I've done several scraping projects by Gr8Apes · · Score: 4, Informative

    That's not illegal, that's merely a violation of the user agreement.

    --
    The cesspool just got a check and balance.
  3. Exactly! by Anonymous Coward · · Score: 2, Informative

    I refuse to use any social media site including LinkedIN. A lot of companies - such as Goodwill - recruit exclusively from LinkedIN. Fuck'em.

    I don't work for any company that uses social media for recruiting.

  4. Wrong! by www.sorehands.com · · Score: 3, Informative

    The CFAA applies immediately or when the defendant (or defendant to be) exceeds the permitted access. This could be also through a cease and desist letter. See Facebook, Inc. v. Power Ventures, Inc., No. 13-17102 (9th Cir. July 12, 2016) https://cdn.ca9.uscourts.gov/d...

    You are permitted to grant different people different terms or access. Look at https://qz.com/981029/a-federa...

    --
    Fight Spammers!