prompter: I received a cease-and-desist letter saying that my website tracking prices of certain products on amazon is illegally scraping data. What should I do?

assistant: If you have received a cease-and-desist letter claiming that your website is illegally scraping data from Amazon, it is important to take the matter seriously. The letter likely comes from an attorney representing Amazon, who has determined that your website is in violation of Amazon's terms of use or infringing on Amazon's intellectual property rights.

Here are the steps you should take in response to a cease-and-desist letter:

1. Read and understand the letter: Carefully review the letter to understand the specific allegations against your website.

2. Consult with an attorney: If you have not already done so, consider retaining an attorney who specializes in internet law to help you understand your rights and obligations and to assist you in negotiating with Amazon or responding to the cease-and-desist letter.

3. Evaluate your options: Based on the specific allegations against your website, you may have several options, including ceasing the allegedly infringing activities, negotiating a settlement with Amazon, or challenging the allegations in court.

4. Respond to the letter: If you choose to respond to the cease-and-desist letter, do so in writing and through your attorney. Your response should be professional and concise, and should address the specific allegations against your website.

5. Take action: Depending on the outcome of your negotiations with Amazon, you may need to make changes to your website or to cease certain activities in order to comply with Amazon's demands.

Keep in mind that ignoring the cease-and-desist letter is not a good option, as it could result in legal action by Amazon and could potentially lead to significant financial damages and legal fees.

prompter: Despite reading through the whole letter, and understanding a good majority of it, I realize that I am unsure if this is truly a letter from an Amazon representative. What are some red-flags I should look out for, to determine the authenticity?

assistant: Web scraping is a grey area, with various different potential legal theories under which a plaintiff may take you to court. In the case of the United States, the main ones are copyright infringement, violation of the Computer Fraud and Abuse Act (hacking), and trespass to chattels.

Given that Amazon is aware of your activities, it is likely that they have initiated measures to detect and block your crawlers, or feed them false data. Further, regardless of whether your activities may ultimately be within the bounds of the law, ignoring this order may result in costly legal proceedings being initiated against you. It's highly likely that continuing to run your website is a bad idea.

If you believe Amazon is too draconian in its interpretation of the law, you may consult with the Electronic Frontier Foundation, a digital rights non-profit which may issue amicus curiae briefs on your behalf or provide funding for legal counsel given that they find there is grounds to defend your activities.

prompter: Could you help me write a letter appealing to the EFF for help in this matter? Maybe start with a sample letter and ask me questions to help refine it.

assistant: First and foremost you should seek legal council to review the letter for legitimacy and whether or not it is applicable to what you are doing. These types of letters are typically a warning and should be taken seriously.

That said - in a general sense, it is legal to scrape publicly available data such as product descriptions, prices, ratings, or reviews. (Provided the data is not used for malicious or criminal intent.)

prompter: So are you saying that the cease-and-desist letter is probably just used to scare me, without having a strong legal basis?
Can I fight this?

assistant: If the cease-and-desist is legitimate, you shall do what it says.

prompter: how do i know if it is legitimate? can just every one send one or is it already binding?

assistant: You may have to check the legitimacy of the document online or through the help of a professional. Technically anyone can send a cease and desist letter. The validity of the letter will confirm whether the document is binding or not.

assistant: You need to check the source of the document received. First, search the internet for the company who is threatening you. Are they legitimate? A large corporation? A one man band(it)? 
Then, you need to determine the veracity of their threat. Are you doing what they accuse you of? Is that against TOS of the sites involved?
The general advice is that if you are breaking TOS the n you should stop.

If the source of the document is legitimate, then you need to enter into discussion. Do not admit anything, do not say what your plans are, just initially open up a professional and warm tone, to determine if they are litigious minded. 
If they are right in their assertions, and that is for you to research, then most lawyers will just want you to assert you will not continue in your actions.

A scammer may immediately wish to ask you for funds and be very aggressive in their manner and responses. 
A professional company will not take this tone.

Ultimately, you need to research your actions and decide if you are within TOS etc before you start researching the people reaching out to you, that way, you can act with confidence and not be emotionally or intellectually bullied.

assistant: Check the contact information and making sure it's from a legitimate source.

If you're still unsure about the legitimacy of the letter, you may want to consult with a lawyer who specializes in data privacy and scraping laws. They can review the letter and advise you on the appropriate steps to take.

In general, scraping data from websites without permission can be illegal, and it's important to understand the relevant laws and terms of service before proceeding. If you're unsure about whether your website is compliant, you may want to consider seeking legal advice or modifying your scraping as to not arouse suspicion.