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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Corporate Law

Date & Time
  • event Date

    Thursday, February 16, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

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.

Faculty

Julia B. Jacobson
Partner
Squire Patton Boggs

Ms. Jacobson is a partner in the Data Privacy, Cybersecurity & Digital Assets Practice. She offers practical and tactical counsel on privacy and cybersecurity compliance strategies, data breach response, technology transactions and marketing initiatives for national and multinational organizations. Ms. Jacobson assists clients with the design and development of privacy-sensitive policies for the collection and use of personal data. She regularly advises businesses on the privacy and cybersecurity aspects of environmental, social and governance (ESG) programs, ethical data use, machine learning and artificial intelligence, vendor contracting and management and business sales, combinations and acquisitions.

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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 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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Description

As the amount of data grows exponentially, data analytics plays a critical role in the way a business is run. Data scraping is a technique used to extract data and other content from a website (both public and non-public) using automated software or "bots." Bots can extract huge amounts of data in a short period. Data scraping has countless applications, including for marketing, research, sales insights, academia, archivists, and others.

From a business standpoint, some companies engage in data scraping to perform more efficiently, increase profits, or other strategic, lawful decisions. However, others scrape financial data and other personally identifiable information (PII) for nefarious reasons and find themselves on the receiving end of legal action under various legal theories. Website owners'/operators' claims generally fall under the Computer Fraud and Abuse Act (CFAA), breach of contract, copyright infringement, and common torts.

Because privacy laws are constantly changing, compliance is very challenging and organizations' privacy risks have skyrocketed along with larger fines for compliance failures. Building a privacy framework requires transparency and particularly sound policies, procedures, and other security measures for monitoring and enforcing website user agreements and capturing user consent.

Listen as our distinguished panel of attorneys addresses data scaping, applicable legal theories, and the importance of website user agreement enforcement. The panel will offer best practices for navigating the legal risks associated with data scraping and how privacy policies and procedures should be implemented and reviewed regularly as business practices and laws change.

Outline

  1. Overview of website data scraping
  2. 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
  3. Website user agreement enforcement
  4. 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?