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Daniel Barabander
@dbarabander
In my latest post on my blog Proofs and Protocols, I teamed up with my colleague, Variant Investment Partner Cooper Kunz, to dissect the Computer Fraud and Abuse Act (CFAA) and browser extensions (e.g., Chrome Extensions). Here’s a thread with the TLDR 👇
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Daniel Barabander pfp
Daniel Barabander
@dbarabander
The CFAA is a federal statute originally passed to prevent hacking. Facebook, X, and LinkedIn have utilized the CFAA heavily in recent years to go after scraping services they view as a threat to their business models that rely on locking data within their platforms
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Daniel Barabander pfp
Daniel Barabander
@dbarabander
We review case law in the 9th Circuit and devise a “user control” theory to understand the CFAA. Under this theory, we conclude that if a browser extension does not control the user’s account with the platform (e.g., it does not have the user’s login credentials), a CFAA claim brought by the platform against that provider is unlikely to survive
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