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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Corporate Law

Date & Time
  • event Date

    Thursday, May 9, 2024

  • 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 explore the ever-changing legal landscape of web scraping and provide corporate counsel with actionable takeaways when advising businesses that engage in web scraping, are subject to scraping and/or use scraped data. The panel will examine relevant case law and statutes in the EU and U.S., as well as global enforcement actions that help to clarify some of the unfolding dynamics of scraping and its role in AI development. The panel will also provide practical tips for in-house counsel when using AI tools in their organizations.

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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Charles-Albert Helleputte
Partner
Squire Patton Boggs

Mr. Helleputte heads up the EU Data Privacy, Cybersecurity & Digital Assets Practice. He focuses on existing EU and national privacy, cybersecurity and data topics, covering a wide range of existing or upcoming regulatory frameworks and laws, such as the GDPR, NIS2 Directive, the EU AI Act, eIDAS, etc. Mr. Helleputte has specific experience preparing and managing incidents in a cross-border context, where it is necessary to consider multiple cybersecurity, privacy and other regulatory and enforcement frameworks. He provides practical and pragmatic advice to clients faced with increased accountability requirements towards users (including in the AI space), helping organizations testing new responses, such as broader use of standards or certification mechanisms across the data life cycle in a wide range of industries (regulated and not regulated).

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Description

"Data scraping" or "web scraping" is the process of using algorithms to automate and refine data extraction activities from websites. Data scraping has countless applications, including for marketing, research, sales insights, academia, archivists, and others.

Scraping is now supercharged by AI tools designed to derive "intelligence" from scraped data as well as learn as they go by improving the overall performance of their algorithms.

Numerous lawsuits and regulatory actions focused on generative AI tools that allegedly were developed or "trained" using large amounts of scraped data. These lawsuits raise many issues regarding the lawfulness of web scraping and courts have looked to relevant privacy statutes, prior case law, and global enforcement actions to clarify the issues presented in these cases.

As AI tools continue to evolve and become more prevalent there will likely be an increase in web scraping litigation and heightened scrutiny on these types of activities. Corporate and in-house counsel should ensure that their organization's trade secrets and other IP are protected when implementing AI tools in their organizations. Also, in-house counsel should carefully review license agreements and permissions to ensure that their organization's web scraping activities do not violate the terms of these agreements.

Listen as our authoritative panel explores the current web scraping legal landscape with a focus on the EU and U.S. and provides practical tips for corporate counsel to ensure that their organization's AI tools are not inadvertently scraping trade secrets from internal company sources or that any web scraping activities are in violation of license agreements or permissions from sources being targeted by their organization's AI tools.

Outline

  1. Overview of website data scraping
  2. Relevant case law, statutes, and global enforcement actions
  3. Web scraping's implications on privacy and data protection
  4. IP implications of web scraping
  5. Reviewing licenses and permissions carefully to ensure AI tools are not violating the terms of agreements
  6. Actionable takeaways for companies engaged in web scraping activities and for those whose data is being scraped

Benefits

The panel will discuss these and other key issues:

  • What are the potential legal consequences of unauthorized data scraping?
  • What are the implications of web scraping on a company's IP rights?
  • What are practical considerations for companies engaged in web scraping to avoid liability?
  • How can companies whose data is being scraped protect themselves from unauthorized scraping?