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Web Scraping in the Age of AI: Balancing the Benefits and Risks for IP and Privacy

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, May 9, 2024

Recorded event now available

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This CLE webinar will explore the ever-changing legal landscape of web scraping and provide corporate counsel with actionable takeaways when advising businesses that engage in web scraping, are subject to scraping and/or use scraped data. The panel will examine relevant case law and statutes in the EU and U.S., as well as global enforcement actions that help to clarify some of the unfolding dynamics of scraping and its role in AI development. The panel will also provide practical tips for in-house counsel when using AI tools in their organizations.

Description

"Data scraping" or "web scraping" is the process of using algorithms to automate and refine data extraction activities from websites. Data scraping has countless applications, including for marketing, research, sales insights, academia, archivists, and others.

Scraping is now supercharged by AI tools designed to derive "intelligence" from scraped data as well as learn as they go by improving the overall performance of their algorithms.

Numerous lawsuits and regulatory actions focused on generative AI tools that allegedly were developed or "trained" using large amounts of scraped data. These lawsuits raise many issues regarding the lawfulness of web scraping and courts have looked to relevant privacy statutes, prior case law, and global enforcement actions to clarify the issues presented in these cases.

As AI tools continue to evolve and become more prevalent there will likely be an increase in web scraping litigation and heightened scrutiny on these types of activities. Corporate and in-house counsel should ensure that their organization's trade secrets and other IP are protected when implementing AI tools in their organizations. Also, in-house counsel should carefully review license agreements and permissions to ensure that their organization's web scraping activities do not violate the terms of these agreements.

Listen as our authoritative panel explores the current web scraping legal landscape with a focus on the EU and U.S. and provides practical tips for corporate counsel to ensure that their organization's AI tools are not inadvertently scraping trade secrets from internal company sources or that any web scraping activities are in violation of license agreements or permissions from sources being targeted by their organization's AI tools.

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Outline

  1. Overview of website data scraping
  2. Relevant case law, statutes, and global enforcement actions
  3. Web scraping's implications on privacy and data protection
  4. IP implications of web scraping
  5. Reviewing licenses and permissions carefully to ensure AI tools are not violating the terms of agreements
  6. Actionable takeaways for companies engaged in web scraping activities and for those whose data is being scraped

Benefits

The panel will discuss these and other key issues:

  • What are the potential legal consequences of unauthorized data scraping?
  • What are the implications of web scraping on a company's IP rights?
  • What are practical considerations for companies engaged in web scraping to avoid liability?
  • How can companies whose data is being scraped protect themselves from unauthorized scraping?

Faculty

Helleputte, Charles
Charles-Albert Helleputte

Partner
Squire Patton Boggs

Mr. Helleputte heads up the EU Data Privacy, Cybersecurity & Digital Assets Practice. He focuses on existing EU and...  |  Read More

Jacobson, Julia
Julia B. Jacobson

Partner
Squire Patton Boggs

Ms. Jacobson is a partner in the Data Privacy, Cybersecurity & Digital Assets Practice. She offers practical and...  |  Read More

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