hiQ Labs v. LinkedIn (2017–2022)
Data analytics firm hiQ Labs scraped LinkedIn member profiles that were publicly visible. LinkedIn sent cease-and-desist letters and blocked hiQ's crawlers; hiQ sued, seeking an injunction to keep scraping.
In 2019 the Ninth Circuit ruled scraping publicly available data does not violate the Computer Fraud and Abuse Act, and reaffirmed in 2022 after the Supreme Court's Van Buren decision.
hiQ ultimately lost on contract-based claims and paid LinkedIn $500,000. Companies posting terms of service retained contract and trespass-to-chattels claims even where CFAA fails.
It explains why LinkedIn sued ProAPIs for breach of contract and fraud rather than relying only on CFAA, and why this consent judgment, built on user-agreement violations, stuck.
