SCOTUS throws out a lower court ruling that had allowed 3rd-party

The Supreme Court has given LinkedIn another chance to stop a rival company from scraping personal information from users’ public profiles, a practice LinkedIn says should be illegal but one that could have broad ramifications for internet researchers and archivists.

LinkedIn lost its case against Hiq Labs in 2019 after the U.S. Ninth Circuit Court of Appeals ruled that the CFAA does not prohibit a company from scraping data that is publicly accessible on the internet.

The Microsoft-owned social network argued that the mass scraping of its users’ profiles was in violation of the Computer Fraud and Abuse Act, or CFAA, which prohibits accessing a computer without authorization.

Hiq Labs, which uses public data to analyze employee attrition, argued at the time that a ruling in LinkedIn’s favor “could profoundly impact open access to the Internet, a result that Congress could not have intended when it enacted the CFAA over three decades ago.”

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