The Supreme Court has asked HR tech company HiQ Labs to respond to LinkedIn‘s appeal of a lower court’s ruling regarding the scraping of member data. The request is a sign that at least one justice thinks LinkedIn’s appeal could merit a hearing by the top court in the U.S.
HiQ Labs scrapes LinkedIn member updates and analyzes the data to predict when workers are likely to quit their jobs. It then sells its data to employers. In May 2017, LinkedIn revoked HiQ’s access to the site, then sued the company, arguing that its data scraping violated the Computer Fraud and Abuse Act of 1986.
HiQ countered, claiming it only collected data that was widely available to the public and won a court order to reinstate its access to LinkedIn. This past September, HiQ successfully defended LinkedIn’s appeal in the U.S. Ninth Circuit Court of Appeals.
If the Supreme Court ultimately declines to hear the case, the Ninth Circuit’s decision will stand. But the Supreme Court’s request for information means there is a chance LinkedIn will have yet another chance to prove its case.