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Ninth Circuit Says Perplexity’s AI Agent Didn’t “Access” Amazon Under CFAA

Published
Score
16

Why it matters

A Ninth Circuit panel vacated a preliminary injunction blocking Perplexity's AI shopping agent from operating on Amazon, holding that Amazon was unlikely to succeed on claims under the Computer Fraud and Abuse Act and California's equivalent statute. The court reasoned that the user—not Perplexity—was the actor who "accessed" Amazon's systems, treating the AI assistant as a tool rather than an independent legal actor. The case, Amazon.com Services, LLC v. Perplexity AI, Inc., centers on Perplexity's agentic browser tool that users can direct to browse and transact on websites like Amazon. A district judge had granted Amazon's preliminary injunction in March 2026 after Amazon sent a cease-and-desist letter, but the Ninth Circuit reversed on August 4, 2026.

The court's holding was narrow. It did not resolve whether AI agents violate website terms of service, whether other statutes might apply, or how courts should treat agentic AI more broadly. The case returns to the district court for further proceedings on the merits.

This is one of the first appellate decisions directly addressing agentic AI and web access under computer-hacking laws. Attorneys building or advising companies that develop browser agents, shopping assistants, and automated tools that interact with third-party websites should monitor how the district court proceeds and whether other legal theories—contract law, tortious interference, or platform-specific restrictions—emerge as viable alternatives to the CFAA. The ruling also signals that the user-as-actor framing may limit one category of injunctive relief against AI agents, even as other legal avenues remain open.

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