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Web linkedin6/4/2023 top court took its first look at the decades-old CFAA. On its second pass of the case, the Ninth Circuit said it relied on a Supreme Court decision last June, during which the U.S. LinkedIn first lost the case against Hiq in 2019 after the Ninth Circuit found that the CFAA does not bar anyone from scraping data that’s publicly accessible. LinkedIn said Hiq’s mass web scraping of LinkedIn user profiles was against its terms of service, amounted to hacking and was therefore a violation of the CFAA. The case before the Ninth Circuit was originally brought by LinkedIn against Hiq Labs, a company that uses public data to analyze employee attrition. Several companies, including Facebook, Instagram, Parler, Venmo and Clubhouse have all had users’ data scraped over the years. Facial recognition startup Clearview AI claims to have scraped billions of social media profile photos, prompting several tech giants to file lawsuits against the startup. 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