Web scraping: Uncertainties surrounding the legality of the practices
Web scraping, which encompasses all the techniques used to extract data from a website, allows for the creation of new databases that can be stored for analysis or reintegrated into another application.
In a dispute between Hiq Labs and LinkedIn Corp., a US judge ruled last August that user profile data is public, as it is disseminated via the internet, and can therefore be freely collected through web scraping.
Under French law, web scraping can have very serious consequences for those who perform the process. Subject to proof of fraudulent intent, web scraping is considered “data theft” under Article 323-3 of the Penal Code.
It can also constitute acts of unfair competition or parasitic behavior, as the web scraper profits from the work of the website operators whose data is being collected.
API Solution. Web scraping is a distinct practice from the use of application programming interfaces (APIs) voluntarily made available by content creators. It allows the source website to control the transfer of data to third-party reusers by providing free or paid access.
“It is also possible to search for lists and content of data distributed under free and open licenses, particularly public data. This data is listed in Decree No. 2017-638 of April 27, 2017, concerning open data reuse licenses.
However, during the debates on the creation of a public data service, enshrined in Decree No. 2017-331 of March 14, 2017, some practitioners advocated for the creation of a public service to provide APIs for reference public data. Unfortunately, this proposal was not imposed as a mandatory corollary for this essential data.” More information.
News: GDPR and personal data: a new challenge for data processing
The entry into force of the GDPR will impose additional obligations regarding the protection of personal data, particularly concerning the management, organization, and techniques of data collection.
A similar phenomenon, widely developed since the 2000s, is screen scraping, which allows for the retrieval of information by scanning the content of commercial websites with software capable of recognizing certain information such as prices or product features.
A source of ongoing litigation in online comparison services, particularly in e-tourism—FareChase vs. AA, FareChase vs. Southwest Airlines, Ryanair vs. online travel agencies, EasyJet vs. Expedia—the legality of screen scraping is also being questioned in the financial sector by traditional players in the banking market.
The European Banking Authority rejected an amendment proposed by the European Commission authorizing the use of screen scraping as a means of accessing “backup” banking data by payment aggregators.
Esports, a discipline soon to be Olympic?
At the sixth Olympic Summit, key representatives of the Olympic Movement discussed the role of esports in society and its potential integration within the Olympic context.
A press release summarized the outcome of their discussions, notably mentioning the potential recognition of video game competitions as a sporting activity eligible for the Olympic Games.
However, summit participants demanded certain guarantees regarding respect for Olympic values and compliance with the rules and regulations of the Olympic Movement—anti-doping, betting, manipulation, etc.
Esports and video game competitions: an interesting audience for the sports sector
Citing the alarming results of the Rio Games broadcast among 18-34 year olds, the Olympic Committee is trying to get closer to the interests of younger generations, representing undeniable television revenue.
This growing awareness was highlighted by Mr. Tony Estanguet, co-director of Paris’s bid for the 2024 Olympics, while the Olympic Council of Asia announced in April the inclusion of esports as a medal-eligible discipline at the 2022 Asian Games.
The hypothetical inclusion of video games in the Olympic fold, however, reveals the existing conflict between game publishers, the primary stakeholders, who have so far been unable to unite the esports community.
Private commercial interests, fierce competition, and intellectual property are indeed major obstacles to its development, while the criteria relating to the disciplines played, the titles chosen, their platforms, hardware, etc., are still far from being finalized.
The history of new technologies and video games will tell whether esports will be worthy of joining the ranks of Olympic disciplines or whether its fate will be as bleak as Bellerophon’s. On the recognition of esports practices.
ICT: #balancetonporc! The inherent risks of denunciation
Initiated on social media by journalist Sandra Muller, the appeal to victims of sexual harassment has grown considerably, with several thousand testimonies reporting incidents ranging from harassment to rape.
However, not all those posting these messages are aware of the legal risks associated with such accusations, especially when the person targeted is named. Indeed, the description of specific incidents can lead to legal action for defamation, against which the victim can only defend themselves by proving the veracity of the statements made or, failing that, their good faith.
Case law concerning new technologies and press law has demonstrated the difficulty of establishing such evidence.
In the absence of specific, described facts, public insult can be invoked by the person whose name is associated with the #MeToo movement. The law only provides for the defense of provocation, the interpretation of which by case law generally requires an immediate response between the provocation and the reaction.
Finally, it is important to remember that any criminal action brought against a person grants the defendant a presumption of innocence until a final conviction, and that its violation may be punishable.
New Technologies Law: Sophia, the first citizen robot
In a move reminiscent of the Japanese series Ghost in the Shell, in which a computer program seeks political asylum, Saudi Arabia demonstrated its pioneering spirit by granting Saudi citizenship to a robot created by Hanson Robotics Ltd. and named Sophia, during a conference on new technologies.
Beyond the irony of a robot endowed with more civil liberties than Saudi women and certain categories of migrant workers, this recognition highlights the undeniable growth in the use of software/robots and their omnipresence in our society.
However, Pepper, Amelia, Alexia, Cortana, and now Sophia reveal the difficulties associated with the legal framework surrounding “robots,” for which there is still no specific legal framework, as the law governing new technologies has not yet established its own regulations.
Lacking sentience or consciousness, yet paradoxically possessing intelligence in some respects superior to humans, robots are now being given a capacity for adaptation and creation that, more than ever, blurs the lines between them and human behavior.
Already denounced by some as modern-day slaves requiring independent legal status, questions of responsibility—directly attributable to the designers—traceability, and even their dignity are all new challenges that societies will have to address in the coming decades.
Reflecting the direct consequences of granting citizenship to a robot, Sophia, the citizen, benefits from rights and protections in our society that are clearly ill-suited to her specific needs.
The principle of equality would then encourage granting Saudi citizenship to other robots and software, such as a washing machine, unless we are willing to recreate discrimination within a newly discovered race?
