On May 17, 2024, Venable's David Patariu and Alex Joel, a Scholar-in-Residence and Adjunct Professor at the Washington College of Law, explored cross-border data flows, data protection, web scraping, and artificial intelligence, focusing on the European Union and the United States.

They examined the key tensions and their implications at the confluence of these critical topics.

On May 31, 2024, MUSA held a webinar that jumped to the forefront of privacy regulation with Bermuda’s privacy commissioner, Alexander White, and Venable privacy attorney David Patariu as they guided participants through the realms of privacy, AI, and cybersecurity. They explored the aftermath of Global Privacy Assembly (GPA) 45 in Bermuda, uncovering insights and key takeaways that are reshaping global privacy agendas.

The webinar delved into the work of the International Enforcement Working Group (IEWG) and Bermuda’s strategic alignment as a signatory to the IEWG’s Joint Statement, signaling a commitment to articulating privacy expectations for both companies and individuals. Participants gained exclusive insights into the intricate decision-making process behind Bermuda’s participation and got a sneak peek into the future with our preview of GPA 46.

This webinar is your gateway to staying ahead in the ever-evolving world of privacy regulation, ensuring you are prepared for the challenges and opportunities that lie ahead.

On March 30, 2023, the Mitigating Unauthorized Scraping Alliance (MUSA) hosted a webinar,  “Practices for Combating Unauthorized Scraping”, in conjunction with the publication of its Industry Practices to Mitigate Unauthorized Scraping. The event featured William Glazier, Director of Threat Research at Cequence Security, in conversation with Hemu Nigam, a partner at Venable LLP, and examined the technical enforcement mechanisms available to industry to combat unauthorized scraping.

The conversation kicked off with an overview of the recent rise of unauthorized scraping and the multifaceted nature of this problem. Both speakers underscored that data has become increasingly valuable and technology has advanced, reducing barriers to entry. For example, Glazier highlighted the prevalence of residential proxies, which can mask a scraper’s identity and be used by threat actors. As more companies rely on APIs to power the digital economy, bots will find ways to continue to exploit their vulnerabilities. Glazier emphasized that while unauthorized scraping can feel like a benign issue, it has real world impacts for consumers and users. 

The discussion also examined the technical measures available to combat unauthorized scraping detailed in MUSA’s practices document. Glazier lauded the document’s holistic approach to addressing unauthorized scraping and focused on the importance of building institutional awareness. Executive level sponsorship of efforts to combat unauthorized scraping is needed to develop strong systems that mitigate risks, such as sensitive data exposure, at every step of the product development process. In addition, Glazier noted that detection and mitigation provisions in the practices document, like implementing CAPTCHAs and rate limits, are tools available to companies to “introduce a speed bump” on a user interaction. These checkpoints can help identify and stop threat actors to a degree, but are not a comprehensive strategy. Glazier shared that developing even more advanced prevention strategies that employ techniques like behavioral analytics to detect bot behavior can further help mitigate against platform abuse.

Both Nigam and Glazier stressed the necessity of industry collaboration to combat unauthorized scraping. There will always be gaps in institutional knowledge, and companies can learn from each other on strategies to mitigate unauthorized scraping. Through initiatives like threat intelligence sharing, institutions can better understand threat actors and trends affecting industry in order to develop more informed prevention mechanisms. Collaboration through institutions like MUSA is essential to create industry alignment around processes to combat unauthorized scraping.

As the conversation concluded, Glazier noted that public education around unauthorized scraping is essential. Greater understanding around unauthorized scraping and its potential impacts helps consumers understand how to protect their own data and informs regulators on how best to enforce against unauthorized scraping. 

Building awareness around the impact of unauthorized scraping and fostering public-private collaboration helps ensure that there is an expectation of consequence for threat actors. Through its advocacy work and recently launched Industry Practices to Mitigate Unauthorized Scraping, MUSA is leading this exact effort. 

Website: https://antiscrapingalliance.org/ Twitter/X: https://x.com/MUSAlliance

Event Date/Time:

Thursday May 18th 9:00 PST/ 12:00 PM EST (45 min talk + Q&A)

Generative AI presents a significant opportunity for technology, innovation, and connection, yet its dramatic growth has raised questions about how to use this innovation in ethical and legal ways that require careful consideration by industry, policymakers, and regulators. This MUSA webinar explored whether the growing demand for datasets to be used to feed generative AI model training has contributed to the rise of unauthorized scraping and whether this gives rise to questions around privacy risks and the need for transparency. Experts from civil society, academic and industry fields came together to discuss the benefits, risks, and challenges of generative AI and its relationship to unauthorized scraping.

The Mitigating Unauthorized Scraping Alliance (MUSA) brings together industry members and experts to address challenges and establish a unified front against unauthorized scraping and data misuse. It is working with member companies and experts to publish industry-aligned practices to mitigate unauthorized scraping across member platforms, reduce the attack vector for unauthorized scraping threat actors, and serve as a resource for media and policymaker engagement.

Speakers and Moderator:

Daniel Gervais, Professor, Vanderbilt University

David Patariu, Associate, Venable LLP; Privacy Law Specialist (PLS); International Association of Privacy Professionals Fellow of Information Privacy, CIPP/US, CIPP/E, CIPM; ISC² CCSP, CISSP

Brandi Guerkink, Senior Policy Fellow, Mozilla Foundation

A.J. Zottola, Moderator, Partner, Venable LLP

Event Date/Time:

Thursday, June 22, 2023 | 2:30 p.m. – 3:10 p.m. ET

MUSA hosted an engaging discussion with cybersecurity expert and privacy lawyer Professor Timothy H. Edgar about his newest research on the issue of harmful web scraping. This webinar addressed common misunderstandings that lawyers and technologists may have regarding this topic. We delved into the technical concepts of authentication, authorization, and access control; explored their relationship to web scraping; and examined the current legislative limitations and potential solutions.

Speaker and Moderator:

David Patariu, Associate with Venable, Privacy Law Specialist (PLS); International Association of Privacy Law Specialists Fellow of Information Privacy, CIPP/US, CIPP/E, CIPM; (ISC)² CCSP, CISSP

Timothy Edgar, Professor of the Practice of Computer Science, Brown University; Senior Fellow, Watson Institute for International and Public Affairs; Lecturer on Law, Harvard Law School

Event Date/Time:

Tuesday, December 5th, 2023 10:00-11:00 a.m. PT/1:00 – 2:00 PM ET

For researchers seeking to better understand platform abuses, such as mis- and dis-information and online extremism, web scraping can be an important tool for studying threat actors’ tactics and understanding patterns and trends of platform activity. The Mitigating Unauthorized Scraping Alliance (MUSA), which brings together leading companies and experts in a unified front against unauthorized data scraping, and the CITRIS and the Banatao Institute, hosted a joint webinar to dive into exploring “good” vs. “bad” web scraping applications. In this webinar, David and Dr. Nonnecke examined safeguards necessary to prevent privacy risks; explored key definitional questions to improve shared understanding of “good” vs. “bad” scraping activities; and discussed areas of collaboration for researchers, industry, and regulators to enable researchers to examine key questions for tech and society while ensuring websites and platforms maintain essential user protections.

Speaker and Moderator:

David Patariu, Associate, Venable LLP; Privacy Law Specialist (PLS); IAPP Fellow of Information Privacy, CIPP/US, CIPP/E, CIPM

Dr. Brandie Nonnecke, Director, CITRIS Policy Lab; Associate Research Professor at the Goldman School of Public Policy, UC Berkeley

Event Date/Time:

Wednesday, January 31, 2024 | 3:00 – 4:00 p.m. ET

Join us for a webinar exploring the evolving landscape of criminological research, with a specific focus on online data sources. Drawing insights from Professor Tom Holt’s white paper, “Assessing the Use of Scraped and Hand Collected Online Data to Understand Crime,” participants will delve into the methods employed by scholars over the last two decades. Emphasizing the shift toward automated scraping tools and manual data collection, the discussion will encompass four key areas of criminological scholarship. The webinar will shed light on the nuanced balance between automated and manual methods in each domain, addressing ethical considerations related to user privacy and confidentiality. Candid discussions on challenges associated with implementing best practices in the rapidly changing digital environment will be central to the session. The webinar underscores the significance of organizing events that facilitate the exchange of ideas between academics and practitioners, aiming to foster a more inclusive and collaborative environment for all stakeholders in the realm of criminological research.

Speaker and Moderator:

Robert Stokka, Privacy Program Manager, Venable LLP

Professor Thomas Holt, School of Criminal Justice, Michigan State University

Event Date/Time:

Tuesday, February 6, 2024 | 1:00 – 2:00 p.m. ET

Join us for an insightful webinar focused on the practical application of cyber threat intelligence (CTI) in scraping mitigation. Our discussion will cover such key topics as the scraping kill chain, the definition and significance of CTI, and practical insights into how organizations can use CTI to prevent unauthorized scraping. We’ll also hear from OWN on their journey in developing CTI capabilities as an example of how scraping mitigation can be approached. We will further discuss metrics for measuring the efficiency of scraping mitigation and highlight the importance of continual evaluation and adaptation in cybersecurity. In conclusion, the webinar is intended to provide participants with a deeper understanding of how cyber threat intelligence can be a valuable tool in the realm of scraping mitigation. Join us for this informative session and participate in the Q&A to enhance your knowledge on the subject.

Speaker and Moderator:

David Patariu, Associate, Venable LLP

Morgan Guesdon, Cyber Threat Analyst, OWN

Event Date/Time:

Thursday, February 22, 2024 | 1:00 – 2:00 p.m. ET

In today’s digital age, data has become a strategic asset, and its protection is paramount for ensuring national security. However, the rise of nation-state scraping poses significant challenges to this security landscape. This webinar aims to delve into the far-reaching ramifications of nation-state web scraping for our nation’s security and the welfare of our warfighters. Join us as we explore the intricacies of this issue and discuss strategies for safeguarding sensitive information in an era of persistent cyber threats. By raising awareness, fostering collaboration, and implementing proactive cybersecurity measures, we can fortify our defenses against evolving cyber threats and uphold the integrity of our defense infrastructure.

Speakers:

David Patariu, Associate, Venable LLP; Privacy Law Specialist (PLS); IAPP Fellow of Information Privacy, Certified Information Privacy Professional United States (CIPP/US) and Europe (CIPP/E), Certified Information Privacy Manager (CIPM); ISC2 Certified Cloud Security Professional (CCSP), Certified Information Systems Security Professional (CISSP)

Renata Spinks, Founder and CEO, CyberSec International

Event Date/Time:

Thursday, March 7, 2024 | 2:00 – 3:00 p.m. ET

In our rapidly evolving digital landscape, the practice of web scraping presents both opportunities and challenges for businesses. Join us for an insightful webinar where industry leaders delve into the intersection of artificial intelligence, cybersecurity, and privacy concerns surrounding unauthorized web scraping. Our panel of experts, Scott M. Giordano, Esq., FIP, CISSP, CCSP, principal at Giordano AI Law, and David Patariu, Esq., PLS, FIP, CISSP, CCSP, attorney at Venable, will provide invaluable insights, real-world examples, future trends, and practical strategies for navigating the complex legal and privacy minefields associated with unauthorized scraping.

Speakers:

Scott M. Giordano, Esq., FIP, CISSP, CCSP Principal, Giordano AI Law

David Patariu, Esq., PLS; IAPP FIP, CIPP/E/US, CIPM; ISC2 CISSP, CCSP Associate, Venable LLP