Ninth Circuit Rules AI Browsers Don't Violate Computer Fraud Law
In brief
- The Ninth Circuit Court of Appeals has ruled that Perplexity AI's Comet browser, which uses an optional AI "Assistant" for comparison shopping on sites like Amazon, does not violate the Computer Fraud and Abuse Act (CFAA).
- Amazon had sued Perplexity, claiming the tool accessed users' accounts without authorization.
- However, the court determined that since users-not Perplexity-operate the tool, it doesn't constitute unauthorized access under the law.
- This decision highlights the importance of distinguishing between user actions and AI agency in legal interpretations.
- The court acknowledged that agentic AI may raise complex legal issues but emphasized that the Assistant is a tool, not a person, for statutory purposes.
- It also noted that Amazon might have other claims against Perplexity but concluded using the CFAA was both legally flawed and poor policy, potentially exposing users to liability.
- This ruling is significant as it curbs attempts by large companies to misuse anti-hacking laws to stifle innovation.
- Looking ahead, this decision sets a precedent for how courts should handle AI tools under the CFAA.
- It encourages developers to create useful user-facing technologies without fear of overbroad legal claims, fostering innovation in areas like comparison shopping and data access.
Terms in this brief
- CFAA
- The Computer Fraud and Abuse Act is a US law that makes unauthorized access to computers a crime. This ruling clarifies that using AI tools like Perplexity's Comet browser doesn't violate this law if users, not the AI, control the tool.
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