Ninth Circuit Rules Creating Web Browsers Isn’t CFAA Violation
On August 4, 2026, the Ninth Circuit ruled building web browsers doesn't violate the CFAA.
Why it matters: This ruling ends uncertainty for developers over CFAA liability when creating web browsers. It sets a key precedent on lawful software development and access rights under federal law.
- August 4, 2026: Ninth Circuit overturns injunction against Perplexity AI's Comet browser.
- Amazon sued Perplexity AI, alleging its browser accessed Amazon's site without authorization.
- Northern District of California had granted preliminary injunction in March 2026 blocking Perplexity’s AI agents from accessing Amazon's systems.
- Electronic Frontier Foundation hailed the decision as a win for developers and the open web.
In a significant ruling on August 4, 2026, the Ninth Circuit Court of Appeals clarified that the act of creating web browsers does not violate the Computer Fraud and Abuse Act (CFAA). This decision arose from a case where Amazon sued Perplexity AI over its Comet browser, alleging unauthorized access to Amazon’s website.
Previously, in March 2026, the Northern District of California had granted Amazon’s request for a preliminary injunction that barred Perplexity’s AI agents from accessing Amazon’s protected computer systems. The Ninth Circuit’s ruling overturned this injunction, removing a major legal hurdle for Perplexity AI.
The Electronic Frontier Foundation, which supported Perplexity’s position, called the decision a “significant victory for developers and the open web,” ensuring that building and using web browsers remains lawful under federal law.
This ruling provides greater legal clarity by distinguishing ordinary software development from unlawful computer access, thus reducing risks of criminal liability under the CFAA. It is expected to influence future litigation and guide developers in navigating the boundaries of authorized use in software innovation.
By the numbers:
- August 4, 2026 — Date of the Ninth Circuit's ruling.
- March 9, 2026 — Date preliminary injunction was granted by Northern District of California.
- 26-1444 — Case number for Amazon.com Services LLC v. Perplexity AI, Inc.