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Course Details

This CLE webinar will explore the complex legal landscape of web scraping in the context of AI development and privacy and offer actionable takeaways for businesses that engage in web scraping, are subject to scraping, and/or use scraped data. The panel will examine relevant U.S. laws and case law in the context of the global regulatory framework to help contextualize the unfolding dynamics of scraping and its role in AI development and privacy compliance. The panel will also provide practical tips for counsel when advising clients on related contracting measures.

Faculty

Description

"Data scraping" or "web scraping" is the automated finding and extraction of data from websites and other online sources. Data scraping is used for marketing, research, sales insights, academia, and archivists. Scraping is now supercharged by algorithms designed to derive "intelligence" from massive datasets of scraped data and 'learn as they go' to improve the algorithms' overall performance. 

Numerous lawsuits and regulatory actions challenge the legality of web scraping, particularly the 'training' of generative AI systems using scraped data. Many times, the source of data sets used for AI system development have unknown provenance, complicating risk management efforts. Increasing attention to risks of minors and other sensitive data use and the implications of automated processing compound risk decision making.

Whether engaged in scraping or developing AI using scraped data, assessing the legality of web scraping involves untangling overlapping privacy, AI, consumer protection, contracting, tort, and other laws, as well as active monitoring of case law and regulatory activities.

Listen as our authoritative panel explores the current web scraping legal landscape and provides practical risk management tips.

Outline

I. Introduction to data scraping

II. Data scraping and AI development

III. Data scraping and privacy and data protection laws

IV. Data scraping and AI laws

V. Contracting for risk management

VI. Actionable takeaways 

Benefits

The panel will discuss these and other key issues:

  • What are the privacy and data protection implications of web scraping?
  • How do AI laws impact scraping?
  • How can organizations minimize liability under privacy laws when using scraped data with AI systems?
  • What steps can companies take to protect against unauthorized scraping?
  • How can organizations mitigate their exposure to web scraping risks by strengthening contractual terms with third parties?