Key facts
- Court
- 9th US Circuit Court of Appeals
- Decision
- Overturned ban on Perplexity's AI shopping tools
- Legal claim
- Amazon alleged violation of federal computer-hacking law
- Perplexity tool
- Comet browser and associated AI agent
- Previous ruling
- Federal judge in California blocked Perplexity in March
- Perplexity statement
- Will continue to fight for users' right to choose AI
Background
A US appeals court has overturned a ruling that had temporarily barred Perplexity from using its AI-powered agentic shopping tools on Amazon's platform. The San Francisco-based 9th US Circuit Court of Appeals determined that Amazon was unlikely to succeed on its claim that Perplexity's AI agents violated a federal computer-hacking law.
The ruling is the first by a federal appeals court to address whether AI agents acting on behalf of users can legally access online platforms, a question with broad implications for the fast-growing field of agentic AI tools that can browse, shop and transact across the web.
Agentic AI systems can plan, reason and execute tasks with limited human oversight. Amazon sued Perplexity in November, accusing the AI startup of covertly accessing private Amazon customer accounts through its Comet browser and associated AI agent, which can log into users' online shopping accounts and place orders on their behalf.
Current situation
A federal judge in California temporarily blocked Perplexity in March from using its agentic AI on Amazon's platform, finding Amazon had presented 'strong evidence' that Perplexity's AI agent broke a US computer fraud and abuse law. The 9th Circuit overturned the ban on Tuesday, favouring Perplexity's argument that it did not violate a statute that prohibits people from accessing computers and obtaining information from them without permission.
The appeals court said it was Perplexity's users, using the company's AI agents, who 'accessed' Amazon's platform under the law, rather than Perplexity itself. Spokespeople for Amazon did not immediately respond to a request for comment on the decision.
Perplexity responded the lawsuit lacked merit and was a 'bald attempt' to block Amazon users from using Comet because AI agents 'don't have eyeballs to see the pervasive advertising Amazon bombards its users with.'
Impacts
The decision could affect how AI agents interact with online platforms, potentially enabling broader use of agentic shopping tools. It may also influence other companies developing similar AI agents that browse and transact on behalf of users.
Amazon had argued that Perplexity's system posed security risks and that it had ignored repeated requests to stop. The appeals court's ruling may require Amazon to adjust its legal strategy or technical measures to address AI agent access.
For users, the ruling could mean continued availability of Perplexity's Comet browser and AI agent for shopping on Amazon, though the legal dispute is not fully resolved. The broader implications for platform terms of service and computer fraud law remain unclear.
Future outlook
Scenario analysis: The possibilities below are not certain predictions.
If the 9th Circuit's reasoning stands, it could set a precedent that AI agents are not directly liable under computer fraud laws when users authorize access, potentially encouraging more agentic AI services. However, Amazon may seek further review or pursue other legal claims.
If the case proceeds, the trial court may still examine whether Perplexity's access was unauthorized under the law, and the outcome could depend on specific facts about how Comet operates. The appeals court's decision is not final and could be appealed.
The ruling may prompt legislative or regulatory attention to clarify rules for AI agents, but any such changes remain speculative. The immediate effect is that Perplexity can resume using its AI shopping tools on Amazon, subject to further legal developments.
Source: goulburnpost.com.au
