Breaking News

Federal Court Rules Accessing a Website via Proxy Server is Illegal If that Website Wants to Block You
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

In a judgment that can have far-reaching implications upon the habits of web users in general and the internet marketing and SEO industry in particular, U.S. District Court Judge Charles R. Breyer for the Northern District of California ruled that disguising an IP address by using a proxy server to visit web sites where you’ve been banished, violates the Computer Fraud and Abuse Act.

The ruling has big implications as in this case Craigslist had banned the IPs of data harvester 3Taps, but the data harvesting company continued to access Craigslist data via different IP addresses and proxy servers. Previous to blocking 3Taps’ IPs, Craigslist had sent a cease-and-desist letter to PadMapper, which used the scraped data.

  
What
Where


Data aggregator companies on auto pilot likes news or listings aggregators can also be hit by the ruling if the sites from which they obtain data block their IPs and send them cease and desist letters.

Also many websites block big IP ranges for their own reasons, but people from those areas use proxy servers to access such websites. The ripple effect of the ruling on such cases, and on spiders and crawlers which people do not want on their websites would be interesting to observe.

In the instant case, Craigslist argued that 3Taps violated the CFAA, which prohibits intentional access of a computer without authorization, and which access results in the capture of information from a protected computer.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Even though Craigslist had initially brought a copyright claim against 3Taps and PadMapper, 3Taps countersued claiming that Craigslist was trying to create a monopoly by blocking competition.

In its judgment, the federal court observed, “The law of trespass on private property provides a useful, if imperfect, analogy …Store owners open their doors to the public, but occasionally find it necessary to ban disruptive individuals from the premises.”



The CFAA had been criticized last year by the 9th U.S. Circuit Court of Appeals and the 9th Circuit had held the government’s overbroad interpretation of the statute could subject millions of Americans to prosecution for harmless web surfing.

But the CFAA is back, it seems, in full force, with the same broad interpretations that were used against Aaron Swartz, who ultimately committed suicide.



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Mid-level Litigation Attorney

USA-CA-San Francisco

San Francisco office is seeking a mid-level litigation attorney with experience taking/defending dep...

Apply Now

Mid-level Litigation Attorney

USA-CA-San Francisco

San Francisco office is seeking a support attorney with some experience/familiarity with a litigatio...

Apply Now

Patent Prosecution Attorney

USA-MI-Northville

Northville office of our client seeks patent prosecution attorney with 5 years of experience. The ca...

Apply Now

Attorney

USA-WV-Wheeling

Wheeling office of our client seeks attorney preferably with 1-3 years of WV litigation experience. ...

Apply Now

RELEVANT JOBS

Attorney - Insurance Defense

USA-GA-Atlanta

Downtown litigation law firm seeks associate with 3 to 5 years of experience in insurance defense, i...

Apply now

Legal Secretary-Cannabis Law Firm

USA-MI-Lansing

Vora, PLLC. Is accepting applications for a Legal Secretary or Paralegal. We are a cannabis law firm...

Apply now

Paralegal- Cannabis Law Firm

USA-MI-Lansing

Vora, PLLC. Is accepting applications for a Paralegal or Legal Secretary. We are a cannabis law...

Apply now

Legal Administrative Assistant

USA-CA-Sacramento

Under the general direction of the supervising attorney(s) and according to established Firm policie...

Apply now

SEARCH IN ARCHIVE

To Top