Ninth Circuit Rules Amazon's CFAA Claims Weak Against AI Browser Acting for Users

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Amazon filed a lawsuit in November 2025 against AI company Perplexity over its Comet browser, citing federal and California computer fraud statutes. A district court initially granted a preliminary injunction in March 2026, but the Ninth Circuit vacated it in August 2026. The appeals court found that because Perplexity's browser was operated by Amazon's own signed-in customers using software they had chosen, it did not constitute unauthorised access under computer-misuse law. The ruling is the first federal appellate decision on whether AI agents acting on behalf of users may access online platforms, though the panel stressed it was ruling on the specific record rather than setting broad doctrine. Contract, trademark, and state-law claims were not addressed, and the court noted that different facts — such as agents operating at large scale without authentication — could yield a different outcome.

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