Let's say you own a restaurant. It's a public place, people are welcome to come on in and take a seat. But there's a guy across the street who likes to come in,

Let's say you own a restaurant. It's a public place, people are welcome to come on in and take a seat. But there's a guy across the street who likes to come in, take pictures of everyone eating there, piss off your customers, and then leave without even ordering anything. After he's done this several times, you tell him he's not allowed in your restaurant anymore. He comes back anyways. Is he trespassing? This isn't a matter of stealing information. HiQ is more than welcome to acquire the information by other means. If hiQ scraped the same information from an archive site hosted by someone else it would be fine. But they've been explicitly told they're not authorized to access linkedin, and the CFAA is unambiguous that if you don't have authorization to access a system it's illegal to access it anyways, which is very much in keeping with how we'd treat access to a brick and mortar public business.