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That Was Close! The Supreme Court Declines Opportunity to Address CDA Immunity in Social Media

USA - May 19 2023 Back in October 2022, the Supreme Court granted certiorari in Gonzalez v. Google, an appeal that challenged whether YouTube’s targeted algorithmic…

OpenAI Eases Procedure to Opt-Out of Inputs Being Used for Training Purposes

USA - April 26 2023 A quick update on a new development with OpenAI’s ChatGPT. One of the concerns raised by users of ChatGPT is the ability of OpenAI to use queries for…

ChatGPT Risks and the Need for Corporate Policies

USA - February 23 2023 ChatGPT has quickly become the talk of business, media and the Internet - reportedly, there were over 100 million monthly active users of the…

New York Enacts First State “Right-to-Repair” Law

USA - January 10 2023 At the close of 2022, New York Governor Kathy Hochul signed the “Digital Fair Repair Act” (S4101A/A7006-B) (to be codified at N.Y. GBL §399-nn) (the…

hiQ and LinkedIn Reach Proposed Settlement in Landmark Scraping Case

USA - December 8 2022 On December 6, 2022, the parties in the long-running litigation between now-defunct data analytics company hiQ Labs, Inc. (“hiQ”) and LinkedIn Corp…

Data Scraper’s Declaratory Action Seeking Green Light to Scrape LinkedIn Survives Motion to Dismiss

USA - November 21 2022 On November 15, 2022, a California district court declined to dismiss a declaratory judgment action brought by a data scraper, 3taps, Inc. (“3taps”)…

Court Finds hiQ Breached LinkedIn’s Terms Prohibiting Scraping, but in Mixed Ruling, Declines to Grant Summary Judgment to Either Party as to Certain Key Issues

USA - November 11 2022 On November 4, 2022, a California district court took up the parties cross-motions for summary judgment in the long-running scraping litigation…

District Court Decision Brings New Life to CFAA to Combat Unwanted Scraping

USA - November 10 2022 On October 24, 2022, a Delaware district court held that certain claims under the Computer Fraud and Abuse Act (CFAA) relating to the controversial…

Important CDA Section 230 Case Lands in Supreme Court: Level of Protection Afforded Modern Online Platforms at Stake

USA - October 6 2022 Since the passage of Section 230 of the Communication Decency Act (“CDA”), the majority of federal circuits have interpreted the CDA to establish…

FTC Sues Data Provider over the Collection and Sale of Geolocation Data

USA - August 31 2022 On August 29, 2022, the Federal Trade Commission (FTC) announced that it had filed a complaint against Kochava, Inc. (“Kochava”), a digital marketing…