HiQ Labs v. LinkedIn
hiQ Labs, Inc. v. LinkedIn Corp., 938 F.3d 985 (9th Cir. 2019), was a United States Ninth Circuit case about web scraping. The 9th Circuit affirmed the district court's preliminary injunction, preventing LinkedIn from denying the plaintiff, hiQ Labs, from accessing LinkedIn's publicly available LinkedIn member profiles. hiQ is a small data analytics company that used automated bots to scrape information from public LinkedIn profiles. The court ruled that hiQ had the right to do web scraping. However, the Supreme Court, based on its Van Buren v. United States decision, vacated the decision and remanded the case for further review in June 2021. In a second ruling in April 2022 the Ninth Circuit affirmed its decision. In a November 2022 ruling the Ninth Circuit ruled that hiQ had breached LinkedIn's User Agreement and a settlement agreement was reached between the two parties. Background LinkedIn served hiQ with a cease-and-desist, demanding that hiQ cease its activity of accessing and copying data from LinkedIn's server. hiQ filed suit against LinkedIn, seeking both injunctive relief under California law and a declaratory judgment to prevent LinkedIn from lawfully invoking the Computer Fraud and Abuse Act (CFAA), the Digital Millennium Copyright Act (DMCA), California Penal