Website Data Scraping: Evolving Legal, Case Law, and Business Challenges, User Agreement Enforcement, Safeguards
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will brief corporate counsel on pivotal legal hurdles that businesses face in the complex area of website data scraping (data scraping) and how to stay compliant with the evolving data privacy landscape. The panel will address data scraping fact patterns, recent legal and case law developments, and jurisdictional nuances, as well as offer solutions and safeguards for reducing risks.
Outline
- Overview of website data scraping
- Legal and case law hurdles
- Computer Fraud and Abuse Act
- Breach of contract
- Clickwrap agreements
- Browsewrap agreements
- Copyright infringement
- Digital Millennium Copyright Act
- Trespass to chattels
- Website user agreement enforcement
- Safeguards
Benefits
The panel will discuss these and other key issues:
- Capturing the appropriate level of user consent
- What are potential legal consequences of unauthorized data scraping?
- What types of data should not be scraped to avoid risks?
- What steps should counsel take to ensure compliance with the CFAA, DMCA, and other laws applicable to data scraping?
Faculty

Julia B. Jacobson
Partner
Squire Patton Boggs
Ms. Jacobson helps clients maximize the value of their strategic relationships by drafting and negotiating a wide range... | Read More
Ms. Jacobson helps clients maximize the value of their strategic relationships by drafting and negotiating a wide range of commercial contracts, particularly technology-centric agreements and the deployment of machine learning and artificial intelligence. For both product and service providers and users, she structures and negotiates contracts and develops customized template agreements and tools for vendor screening and assessments. Additionally, a significant portion of Ms. Jacobson’s practice is devoted to advising clients on an array of privacy, cybersecurity, data breach and data governance matters. She assists clients with the design and development of privacy-sensitive policies for the collection and use of personal data.
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Kyle R. Dull
Senior Associate
Squire Patton Boggs
A former Assistant Attorney General, Mr. Dull advises industry-leading companies on domestic and international privacy... | Read More
A former Assistant Attorney General, Mr. Dull advises industry-leading companies on domestic and international privacy laws, as well as on consumer protection, advertising, and retail and e-commerce laws and self-regulation. Clients regularly turn to Mr. Dull for his knowledge and know-how in defending and resolving federal and state regulatory and enforcement actions. Informed by his prior position in the Florida Attorney General’s Consumer Protection Division, he has extensive experience in investigating and litigating privacy and advertising law violations. Mr. Dull now draws on that experience to share insights with and advise clients on their own data privacy, cybersecurity and advertising risks. He also helps clients develop and implement effective e-commerce business and marketing strategies. Mr. Dull routinely advises clients on technology, data privacy and security, intellectual property, advertising and marketing, and website development matters.
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