Data Scraping & the Courts: State of Play with the CFAA

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A recap and recording of this event is available here.

The rapid evolution of data scraping technologies is forcing us to reconsider some evergreen questions: What content is public? What is private? How do we decide?  Recent high-profile examples (e.g., Clearview AI, hiQ vs. LinkedIn, and Facebook’s disablement of the NYU Ad Observatory) have drawn direct attention to this issue from governments and regulators, who in turn have to consider whether and when data scraping is in the public interest, and how, really, to define incidences of ‘data breaches and ‘data leaks.’ The courts are one important domain where these issues will play out, yet legal uncertainty around data scraping under the Computer Fraud and Abuse Act (CFAA) persists. What is the state of play at the borders of computer misuse and data scraping? What does past and current litigation tell us about the future of data scraping law and practice?

Please join us for a virtual fireside chat with Orin Kerr and Tejas Narechania, the first of a series of public conversations hosted by CLTC that will explore the legal, technical, and policy questions and solutions that emerge when data is scraped at scale.

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Accessibility Accommodations

If you require an accommodation for effective communication (ASL interpreting, CART captioning, alternative media formats, etc.) or information about mobility access in order to fully participate in this event, please contact Rachel Wesen at cltcevents@berkeley.edu with as much advance notice as possible and at least 7–10 days in advance of the event.

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Event Details

Date:
Thursday, February 3, 2022
Time:
12:00 pm - 1:00 pm
Online