Client Alert: Data Scraping: In hiQ v. LinkedIn, the Ninth Circuit Reaffirms Narrow Interpretation of CFAA
Publications
May 4, 2022
On April 18, 2022, the Ninth Circuit reaffirmed its narrow interpretation of the Computer Fraud and Abuse Act’s (CFAA) “without authorization” prong in a data scraping dispute between hiQ and LinkedIn. The opinion upheld a preliminary injunction that barred LinkedIn from stopping hiQ from scraping public data from the LinkedIn website and held that scraping such public information likely does not constitute accessing a computer “without authorization” under the CFAA. The opinion is good news for companies employing data scraping practices for publicly available information. More broadly, the decision’s narrow interpretation of the CFAA follows the Supreme Court’s narrow approach to the statute in its Van Buren decision and clarifies (at least in the Ninth Circuit) several questions that the Supreme Court’s ruling in Van Buren left open.
Read the full alert here.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
May 4, 2022
On April 18, 2022, the Ninth Circuit reaffirmed its narrow interpretation of the Computer Fraud and Abuse Act’s (CFAA) “without authorization” prong in a data scraping dispute between hiQ and LinkedIn. The opinion upheld a preliminary injunction that barred LinkedIn from stopping hiQ from scraping public data from the LinkedIn website and held that scraping such public information likely does not constitute accessing a computer “without authorization” under the CFAA. The opinion is good news for companies employing data scraping practices for publicly available information. More broadly, the decision’s narrow interpretation of the CFAA follows the Supreme Court’s narrow approach to the statute in its Van Buren decision and clarifies (at least in the Ninth Circuit) several questions that the Supreme Court’s ruling in Van Buren left open.
Read the full alert here.
Related Attorneys
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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