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Technology,
Civil Litigation

Apr. 19, 2022

hiQ Labs can scrape public date from LinkedIn, circuit says

The opinion by Circuit Judge Marsha L.S. Berzon found that the Supreme Court’s decision in Van Buren v. United States, “reinforced its determination that hiQ had raised serious questions about whether LinkedIn may invoke the Computer Fraud and Abuse Act to preempt hiQ’s possibly meritorious tortious interference claim.”

A major victory for data scrapers was handed down on Monday when the 9th U.S. Circuit Court of Appeals affirmed an injunction, allowing hiQ Labs to continue to scrape publicly available data from LinkedIn.

The decision reinstates the same preliminary injunction the Supreme Court vacated in June 2021 after deciding the 9th Circuit was the proper forum to determine the effect of a recent Supreme Court decision on the case.

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