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IANAL, but it seems like ToS could still govern your use of the data which you viewed. Sure, it seems like you couldn't claim any violation based on visiting a random page. But if the ToS is clearly identified on the page and you do something with the data that violates them, perhaps the owner of the site has a case.

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> perhaps the owner of the site has a case.

Except it sounds like the owner doesn't. If the information is on the page made public, the owner of the page can't place terms on what is done with the data downstream. They'd have to implement some real binding system such as authentication where CFAA would apply. (IANAL)

Correct, but all of that is void if the data presented is any sort of protected information (copyright, IP, etc.). You can't, for example, scrape Yahoo Finance for pricing and dividend history and republish on your own stock tools website. They have a license to redistribute that data and publish on their own website. Similar story for copyrighted text and things of that nature.

That would require at least showing that ToS on first use. A link on a page is insufficient.

And said ToS would have to force copyright reassignment rather than a general licence, making LinkedIn culpable for any unlawful content published by users of its site.

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