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BIG NEWS: 9th Circuit holds that scraping a public website likely does not violate the CFAA, even after website owner prohibits with a cease-and-desist letter; language strongly suggests CFAA only applies to bypassing authentication. Blog post up soon. cdn.ca9.uscourts.gov/datastore/opin… #N
Ninth Circuit: "We . . . look to whether the conduct at issue is analogous to 'breaking and entering,'" and when "access is open to the general public and permission is not required," then the B&E analogy "has no application, and the concept of 'without authorization' is inapt."
From later in the opinion.
Here's the blog post:
reason.com/2019/09/09/scr…
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