Web scraping has become one of the hottest topics in data science, powering everything from price comparison sites to market research firms to AI training datasets. But the legality of this popular technique remains complicated, contingent on precisely how the web scraping is executed and the laws surrounding the data collected.
In this comprehensive guide, we’ll explore the key factors in determining web scraping legality so you can scrape safely and confidently.
The Rapid Rise of Web Scraping
First, let‘s briefly examine why web scraping has exploded in popularity in recent years. According to Reports and Data, the web scraping market size was valued at USD 3.36 billion in 2021 and is projected to grow at an astounding 29% CAGR to reach USD 13.59 billion by 2030.
What‘s driving all this growth? In a word: data. As machine learning and AI advance, the demand for massive, high-quality datasets for training algorithms has skyrocketed. Web scraping provides an efficient way to assemble these huge datasets by programmatically extracting public information at scale from across the web.
Applications for all this scraped data abound:
- Price comparison sites like Google Shopping extract product info and pricing from ecommerce sites. This powers features like price history charts.
- Travel metasearch engines like Kayak scrape data from airline and hotel sites to index flight and room availability, enabling price comparison.
- Market researchers scrape online listings to track competitors‘ products, pricing, promotions and more. This provides key business intelligence.
- Social media monitoring companies scrape social media sites to analyze brand mentions, sentiments, influencer activity and other valuable insights.
- Search engines like Google scrape web pages to index information and serve relevant results. The entire core of search depends on scraping publicly available sites.
- AI training datasets can leverage web scraping to assemble vast labeled datasets for tasks like image recognition and natural language processing.
Clearly, web scraping provides immense value across many industries. But companies are often unsure of its legal standing. Let‘s dig into the key factors that determine web scraping legality.
Key Factors in Web Scraping Legality
There is no blanket federal law in the US outright banning web scraping. In general, scraping publicly available data is legal as long as you respect site terms, avoid copyright infringement, comply with privacy regulations, and don‘t engage in illegal hacking.
However, nuances abound based on how scraping is conducted and what type of data is collected. Here are the crucial elements to consider:
Respecting Terms of Service
Most major sites like Facebook, Amazon and Twitter implement Terms of Service (ToS) that visitors automatically agree to when accessing the site. Buried in the fine print, these ToS often prohibit scraping, data collection via automated means, or usage of data for purposes other than site functionality.
For example, Twitter‘s developer policy states:
“Crawling the Services is allowed if done in accordance with the provisions of the robots.txt file, but scraping the Services without the prior consent of Twitter is expressly prohibited.”
These ToS clauses amount to a contract between the site and users. So scraping could potentially breach that contract, opening up scrapers to consequences like:
- Account suspension or blocking: Sites like Facebook commonly detect and disable scrapers on sight by blocking their accounts or IP addresses.
- Loss of API access: Platforms like Twitter may revoke a scraper‘s API keys if they violate terms by scraping directly instead of using the API.
- Lawsuits: As the Ryanair vs. PR Aviation case showed, companies are willing to sue scrapers for breaching terms against scraping. While the contract argument did not prevail there, under different facts it may.
So while a ToS alone does not make scraping inherently illegal, violating terms can still carry significant repercussions. Scrapers should consult each site‘s ToS to understand permitted vs prohibited activities. Where terms seem restrictive, using an API or pursuing a scraping agreement is safer.
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Avoiding Private/Protected Data
Accessing a site in itself does not violate the law. But illegally accessing private account information or privileged data behind a login could cross legal lines:
- Scraping public profiles on LinkedIn, Twitter and other social networks appears permissible, based on court precedents like HiQ v LinkedIn.
- But scraping private messages, user analytics or restricted groups could violate the Computer Fraud and Abuse Act (CFAA) against unauthorized access.
- Similarly, scraping content behind a paywall or password login without permission could breach anti-hacking laws.
The distinction between public versus private data matters greatly from a legal standpoint. Scrapers should only collect data that is freely accessible without logging in, unless they have explicit authorization like API access tokens. For example, academic researchers scraped millions of public Twitter posts for a controversial 2015 study, resting on the notion that public data is fair game.
Of course, ethics extend beyond pure legality. So while permitted, mass collection of public social media data remains controversial given privacy expectations. We‘ll explore responsible scraping practices later on.
Copyright Infringement
Copyright law protects original creative works like writing, images, videos, and software from being reproduced without permission. Facts and raw data itself are not eligible for copyright. But the selection, coordination and arrangement of data on a website can comprise creative work owned by the site creator.
Indiscriminate scraping risks infringing copyright by reproducing elements like:
- Original text, articles, captions, customer reviews
- Photos, graphics, illustrations, data visualizations
- Page layouts, data tables, UI designs
- HTML/CSS code, scripts, software
Scrapers should analyze sites carefully to filter out any protected content, only retaining strictly factual data. Alternatively, they could pursue permission through a scraping agreement or API access.
For example, an energy monitoring company faced copyright suits for scraping Con Edison reports, which contained original commentary and descriptions. The court ruled this went beyond raw data extraction.
Privacy Regulations
Another legal landmine for scrapers is failing to comply with emerging privacy laws governing personal data:
- The EU‘s General Data Protection Regulation (GDPR) restricts collecting and processing EU citizens‘ personal data without consent. Fines for violations reach up to 4% of global revenue or €20 million.
- California‘s Consumer Privacy Act (CCPA) likewise requires businesses get consent before harvesting California residents‘ data like names, locations, browsing history and more. Penalties reach $7,500 per intentional violation.
So even if profiles or data are technically public, scrapers may need consent to legally gather and use EU or California users‘ personal information. Privacy laws add further nuance to the public vs private data distinction.
Anti-Hacking Laws
The Computer Fraud and Abuse Act (CFAA) is a US anti-hacking law passed in 1984 prohibiting unauthorized access of computers or devices connected to the internet. Early precedent like Facebook v Power Ventures established breaching Terms of Service could constitute CFAA access violation.
But more recent cases like HiQ v LinkedIn have questioned applying the CFAA simply for violating terms on public sites. Still, where login credentials or bypassing technical barriers is required, scraping likely breaches anti-hacking laws in most jurisdictions. Activities like:
- Cracking or stealing passwords
- Using exploits or vulnerabilities to evade IP blocks
- Brute force login attempts
- Distributing malware or scrapers as viruses
Could fall afoul of anti-hacking provisions both in the US and internationally. Scrapers should steer well clear of anything resembling malicious hacking.
Scraping Public vs Private Data
In general, web scraping focused exclusively on public data carries lower legal risk than venturing into private user info, for a few reasons:
- Public info does not require unauthorized access, so avoids hacking law issues.
- Copyright concerns are reduced since public data often lacks original creations eligible for protection.
- Courts like in HiQ v LinkedIn have favored access to public data, deeming banningscrapers an antitrust violation.
- Users have lower privacy expectations for purely public information they posted openly.
So scrapers can argue fair use cases more strongly for public data. However, ethics should still be considered regarding user expectations and large-scale data harvesting.
With private data, the calculus shifts considerably:
- Scraping private messages or behind logins raises CFAA violations.
- Non-public info has higher chance of original content triggering copyright issues.
- User privacy expectations are far greater for account details and interactions.
- Data laws like GDPR and CCPA restrict personal data usage without explicit consent.
Overall, sticking to purely public websites and profiles without logging in or bypassing technical barriers is a safer legal position for scrapers. But again, scrapers should still evaluate the ethics, not just legality, of harvesting even public information at scale.
Best Practices for Legal Web Scraping
Hopefully by now it‘s clear web scraping legality depends heavily on how it‘s done. Here are some best practices scrapers should follow to stay on the right side of the law:
Use the Site‘s API Where Possible
Many major sites make some data available through official APIs like the Twitter or YouTube API. APIs grant clear permission for automated data access. So it‘s always preferable to use an API over unofficial scraping whenever feasible.
Respect the Robots.txt File
Websites use the robots.txt file to guide polite bot behavior. It defines which sites/pages you may or may not scrape. Scrapers should review and follow each site‘s robots.txt to avoid blocked content.
Review Terms of Service
Before scraping any site, carefully review its terms of service for any clauses restricting scraping or automated data collection. If terms seem unclear, try contacting the site for clarification.
Avoid Bypassing Security Measures
Do not attempt to circumvent IP blocks, CAPTCHAs or other security systems designed to stop bots. This shows intent to access data against the site‘s wishes.
Pace Requests to Minimize Server Load
To avoid overloading target sites, use throttling to space requests at reasonable intervals. Scraping too aggressively can be construed as denial of service.
Only Access Public Information
Do not attempt to scrape private account data, restricted groups/forums or anything else requiring login credentials. Access should be anonymous.
Filter Out Potentially Copyrighted Material
Be selective in scraping data to omit any original text, images or page arrangements that could be copyright protected.
Obtain Consent for Personal Data Where Required
Comply with privacy regulations like GDPR by getting opt-in consent before harvesting protected categories of personal information.
Seek Legal Counsel When in Doubt
If scraping any highly contentious site or data, consult an attorney to fully assess risks and craft an appropriate compliance strategy.
While not bulletproof, following these responsible practices helps demonstrate good faith efforts to stay within legal bounds. Combined with common sense ethical judgment, they represent your best defense against potential civil or criminal claims.
Notable Web Scraping Court Cases
There have been several landmark US court cases that helped shape the murky legal landscape for web scraping:
Facebook v Power Ventures (2013)
In this early social media scraping case, Power Ventures accessed Facebook to aggregate users‘ social data into a unified dashboard. After receiving a cease & desist letter, Power continued scraping, prompting Facebook to sue for breaching the Computer Fraud and Abuse Act.
The Ninth Circuit Court ruled that violating Facebook‘s Terms of Service constituted unauthorized access under the CFAA by effectively revoking access granted previously. This influential ruling established that breaching terms of use could be grounds for hacking charges.
HiQ v LinkedIn (2017)
HiQ Labs scraped publicly viewable LinkedIn member profiles to sell employee analytics tools to employers. LinkedIn issued a cease & desist asserting violations of terms and the CFAA.
HiQ sued for an injunction allowing continued scraping of public data. In a major win for open data access, the Ninth Circuit ruled HiQ‘s scraping did not break CFAA since the data was visible without logging in, and banning scraping threatened fair competition. This limited the precedent of equating terms violations with illegal access.
Sandvig v Sessions (2016 – 2021)
In a novel suit, researchers challenged the section of the CFAA that potentially criminalized terms of service breaches. They argued this unconstitutional chilled security research. After winding through courts for years, the case was ultimately dismissed in 2021 on lack of standing grounds without ruling on the core CFAA dispute. Still, it illustrated how researchers fear broad CFAA interpretation could threaten scraping studies.
While the legality of web scraping remains complex, these cases demonstrate some emerging principles:
- Accessing accounts after permission withdrawal may breach anti-hacking laws
- Scraping public data likely falls under fair use rights
- Breaching terms alone does not necessarily constitute illegal hacking
- Researchers want more freedom to study public platforms via scraping
Much debate will continue as the laws catch up to evolving technology. But following ethical practices can help scrapers avoid being a test case!
Putting Web Scraping Legality Principles into Practice
Let‘s say you work at an e-commerce company interested in monitoring competitors‘ pricing. You plan to regularly scrape product listings from top online retailers to analyze price patterns. What should you keep in mind regarding web scraping law?
Strategies to Scrap Legally
- Check robots.txt – Review each site‘s file for scraping permissions. Avoid any prohibited pages.
- Limit rate – Add throttling to ensure your scraper does not overload sites with requests.
- Strip original content – Return only raw product data. Omit any product descriptions, images or HTML layout that could be copyrighted.
- Aggregate anonymously – Avoid scraping names, addresses or other personal user data that might trigger privacy laws.
- Use proxies – Rotate different IPs to distribute load and avoid easy blocking.
Things to Avoid
- Bypassing blocks – If a retailer blocks your scraper, don‘t attempt to circumvent this through IP spoofing or other methods.
- Accessing accounts – Do not create customer accounts to scrape gated pricing. Stick to public listings.
- Scraping excessively – Don‘t unleash excessive bot traffic that could constitute denial of service.
- Ignoring takedowns – If asked to stop scraping, comply immediately to avoid liability for continuing.
With conscious development and responsible practices, you can confidently operate your scraper in compliance with law and ethics. Just remember to consult counsel if ever in doubt!
The Bottom Line on Web Scraping Law
- There is no absolute legality determination, as laws remain open to interpretation around emerging technologies like web scraping.
- In general, scraping publicly accessible data ethically without violating terms or hacking laws exists in a legal gray area courts have often protected.
- But scrapers should tread carefully to avoid crossing lines, and always get legal guidance for new frontiers like social media data.
- While still complex, following principles like respecting ToS, minimizing harm, ditching login credentials and seeking permission places your scraping on the soundest legal footing.
Web scraping regulation will continue evolving. But by understanding the critical factors in play, you can scrape smart today and adjust approaches as the legal landscape develops further. Now armed with expert knowledge, you‘re ready to unleash your scraper on the open web!
