1. The Foundation: Public Information on the Open Web
When an Instagram user chooses to make their account public, their photos, videos, and stories are transmitted across open internet protocols to Meta's public content delivery networks (CDNs). Anyone with a web browser can access this information without entering a password or creating an account.
2. Landmark Federal Precedent: hiQ Labs v. LinkedIn
The definitive legal standard regarding public web access was established in the landmark U.S. Federal Court case hiQ Labs, Inc. v. LinkedIn Corp. (31 F.4th 1180, 9th Cir. 2022):
Federal Appellate Court Ruling
The 9th U.S. Circuit Court of Appeals ruled that accessing publicly available data on the internet does not constitute "unauthorized access" under the Computer Fraud and Abuse Act (CFAA). The court affirmed that automated or proxy retrieval of public web information is lawful.
3. CFAA & Authentication Barriers
The Computer Fraud and Abuse Act (18 U.S.C. § 1030) criminalizes accessing protected computer systems without authorization. Federal courts have consistently defined "without authorization" as bypassing technological barriers, such as entering stolen credentials, circumventing encryption, or hacking private databases.
Because WhoIG operates strictly on public profiles and never bypasses authentication or accesses private accounts, its operation remains entirely lawful and compliant with federal cyber law.
4. DMCA & Content Takedown Transparency
WhoIG respects intellectual property and individual privacy rights. In compliance with 17 U.S.C. § 512 (DMCA), any account owner who wishes to exclude their public profile from our index can submit a 1-click removal via our self-service DMCA & Delist Portal.