Web Scraping Legality
Is Web Scraping Illegal? Depends on What the Meaning of the …
Depending on who you ask, web scraping can be loved or hated.
Web scraping has existed for a long time and, in its good form, it’s a key underpinning of the internet. “Good bots” enable, for example, search engines to index web content, price comparison services to save consumers money, and market researchers to gauge sentiment on social media.
“Bad bots, ” however, fetch content from a website with the intent of using it for purposes outside the site owner’s control. Bad bots make up 20 percent of all web traffic and are used to conduct a variety of harmful activities, such as denial of service attacks, competitive data mining, online fraud, account hijacking, data theft, stealing of intellectual property, unauthorized vulnerability scans, spam and digital ad fraud.
So, is it Illegal to Scrape a Website?
So is it legal or illegal? Web scraping and crawling aren’t illegal by themselves. After all, you could scrape or crawl your own website, without a hitch.
Startups love it because it’s a cheap and powerful way to gather data without the need for partnerships. Big companies use web scrapers for their own gain but also don’t want others to use bots against them.
The general opinion on the matter does not seem to matter anymore because in the past 12 months it has become very clear that the federal court system is cracking down more than ever.
Let’s take a look back. Web scraping started in a legal grey area where the use of bots to scrape a website was simply a nuisance. Not much could be done about the practice until in 2000 eBay filed a preliminary injunction against Bidder’s Edge. In the injunction eBay claimed that the use of bots on the site, against the will of the company violated Trespass to Chattels law.
The court granted the injunction because users had to opt in and agree to the terms of service on the site and that a large number of bots could be disruptive to eBay’s computer systems. The lawsuit was settled out of court so it all never came to a head but the legal precedent was set.
In 2001 however, a travel agency sued a competitor who had “scraped” its prices from its Web site to help the rival set its own prices. The judge ruled that the fact that this scraping was not welcomed by the site’s owner was not sufficient to make it “unauthorized access” for the purpose of federal hacking laws.
Two years later the legal standing for eBay v Bidder’s Edge was implicitly overruled in the “Intel v. Hamidi”, a case interpreting California’s common law trespass to chattels. It was the wild west once again. Over the next several years the courts ruled time and time again that simply putting “do not scrape us” in your website terms of service was not enough to warrant a legally binding agreement. For you to enforce that term, a user must explicitly agree or consent to the terms. This left the field wide open for scrapers to do as they wish.
Fast forward a few years and you start seeing a shift in opinion. In 2009 Facebook won one of the first copyright suits against a web scraper. This laid the groundwork for numerous lawsuits that tie any web scraping with a direct copyright violation and very clear monetary damages. The most recent case being AP v Meltwater where the courts stripped what is referred to as fair use on the internet.
Previously, for academic, personal, or information aggregation people could rely on fair use and use web scrapers. The court now gutted the fair use clause that companies had used to defend web scraping. The court determined that even small percentages, sometimes as little as 4. 5% of the content, are significant enough to not fall under fair use. The only caveat the court made was based on the simple fact that this data was available for purchase. Had it not been, it is unclear how they would have ruled. Then a few months back the gauntlet was dropped.
Andrew Auernheimer was convicted of hacking based on the act of web scraping. Although the data was unprotected and publically available via AT&T’s website, the fact that he wrote web scrapers to harvest that data in mass amounted to “brute force attack”. He did not have to consent to terms of service to deploy his bots and conduct the web scraping. The data was not available for purchase. It wasn’t behind a login. He did not even financially gain from the aggregation of the data. Most importantly, it was buggy programing by AT&T that exposed this information in the first place. Yet Andrew was at fault. This isn’t just a civil suit anymore. This charge is a felony violation that is on par with hacking or denial of service attacks and carries up to a 15-year sentence for each charge.
In 2016, Congress passed its first legislation specifically to target bad bots — the Better Online Ticket Sales (BOTS) Act, which bans the use of software that circumvents security measures on ticket seller websites. Automated ticket scalping bots use several techniques to do their dirty work including web scraping that incorporates advanced business logic to identify scalping opportunities, input purchase details into shopping carts, and even resell inventory on secondary markets.
To counteract this type of activity, the BOTS Act:
Prohibits the circumvention of a security measure used to enforce ticket purchasing limits for an event with an attendance capacity of greater than 200 persons.
Prohibits the sale of an event ticket obtained through such a circumvention violation if the seller participated in, had the ability to control, or should have known about it.
Treats violations as unfair or deceptive acts under the Federal Trade Commission Act. The bill provides authority to the FTC and states to enforce against such violations.
In other words, if you’re a venue, organization or ticketing software platform, it is still on you to defend against this fraudulent activity during your major onsales.
The UK seems to have followed the US with its Digital Economy Act 2017 which achieved Royal Assent in April. The Act seeks to protect consumers in a number of ways in an increasingly digital society, including by “cracking down on ticket touts by making it a criminal offence for those that misuse bot technology to sweep up tickets and sell them at inflated prices in the secondary market. ”
In the summer of 2017, LinkedIn sued hiQ Labs, a San Francisco-based startup. hiQ was scraping publicly available LinkedIn profiles to offer clients, according to its website, “a crystal ball that helps you determine skills gaps or turnover risks months ahead of time. ”
You might find it unsettling to think that your public LinkedIn profile could be used against you by your employer.
Yet a judge on Aug. 14, 2017 decided this is okay. Judge Edward Chen of the U. S. District Court in San Francisco agreed with hiQ’s claim in a lawsuit that Microsoft-owned LinkedIn violated antitrust laws when it blocked the startup from accessing such data. He ordered LinkedIn to remove the barriers within 24 hours. LinkedIn has filed to appeal.
The ruling contradicts previous decisions clamping down on web scraping. And it opens a Pandora’s box of questions about social media user privacy and the right of businesses to protect themselves from data hijacking.
There’s also the matter of fairness. LinkedIn spent years creating something of real value. Why should it have to hand it over to the likes of hiQ — paying for the servers and bandwidth to host all that bot traffic on top of their own human users, just so hiQ can ride LinkedIn’s coattails?
I am in the business of blocking bots. Chen’s ruling has sent a chill through those of us in the cybersecurity industry devoted to fighting web-scraping bots.
I think there is a legitimate need for some companies to be able to prevent unwanted web scrapers from accessing their site.
In October of 2017, and as reported by Bloomberg, Ticketmaster sued Prestige Entertainment, claiming it used computer programs to illegally buy as many as 40 percent of the available seats for performances of “Hamilton” in New York and the majority of the tickets Ticketmaster had available for the Mayweather v. Pacquiao fight in Las Vegas two years ago.
Prestige continued to use the illegal bots even after it paid a $3. 35 million to settle New York Attorney General Eric Schneiderman’s probe into the ticket resale industry.
Under that deal, Prestige promised to abstain from using bots, Ticketmaster said in the complaint. Ticketmaster asked for unspecified compensatory and punitive damages and a court order to stop Prestige from using bots.
Are the existing laws too antiquated to deal with the problem? Should new legislation be introduced to provide more clarity? Most sites don’t have any web scraping protections in place. Do the companies have some burden to prevent web scraping?
As the courts try to further decide the legality of scraping, companies are still having their data stolen and the business logic of their websites abused. Instead of looking to the law to eventually solve this technology problem, it’s time to start solving it with anti-bot and anti-scraping technology today.
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Web Scraping 101: 10 Myths that Everyone Should Know
1. Web Scraping is illegal
Many people have false impressions about web scraping. It is because there are people don’t respect the great work on the internet and use it by stealing the content. Web scraping isn’t illegal by itself, yet the problem comes when people use it without the site owner’s permission and disregard of the ToS (Terms of Service). According to the report, 2% of online revenues can be lost due to the misuse of content through web scraping. Even though web scraping doesn’t have a clear law and terms to address its application, it’s encompassed with legal regulations. For example:
Violation of the Computer Fraud and Abuse Act (CFAA)
Violation of the Digital Millennium Copyright Act (DMCA)
Trespass to Chattel
Misappropriation
Copy right infringement
Breach of contract
Photo by Amel Majanovic on Unsplash
2. Web scraping and web crawling are the same
Web scraping involves specific data extraction on a targeted webpage, for instance, extract data about sales leads, real estate listing and product pricing. In contrast, web crawling is what search engines do. It scans and indexes the whole website along with its internal links. “Crawler” navigates through the web pages without a specific goal.
3. You can scrape any website
It is often the case that people ask for scraping things like email addresses, Facebook posts, or LinkedIn information. According to an article titled “Is web crawling legal? ” it is important to note the rules before conduct web scraping:
Private data that requires username and passcodes can not be scrapped.
Compliance with the ToS (Terms of Service) which explicitly prohibits the action of web scraping.
Don’t copy data that is copyrighted.
One person can be prosecuted under several laws. For example, one scraped some confidential information and sold it to a third party disregarding the desist letter sent by the site owner. This person can be prosecuted under the law of Trespass to Chattel, Violation of the Digital Millennium Copyright Act (DMCA), Violation of the Computer Fraud and Abuse Act (CFAA) and Misappropriation.
It doesn’t mean that you can’t scrape social media channels like Twitter, Facebook, Instagram, and YouTube. They are friendly to scraping services that follow the provisions of the file. For Facebook, you need to get its written permission before conducting the behavior of automated data collection.
4. You need to know how to code
A web scraping tool (data extraction tool) is very useful regarding non-tech professionals like marketers, statisticians, financial consultant, bitcoin investors, researchers, journalists, etc. Octoparse launched a one of a kind feature – web scraping templates that are preformatted scrapers that cover over 14 categories on over 30 websites including Facebook, Twitter, Amazon, eBay, Instagram and more. All you have to do is to enter the keywords/URLs at the parameter without any complex task configuration. Web scraping with Python is time-consuming. On the other side, a web scraping template is efficient and convenient to capture the data you need.
5. You can use scraped data for anything
It is perfectly legal if you scrape data from websites for public consumption and use it for analysis. However, it is not legal if you scrape confidential information for profit. For example, scraping private contact information without permission, and sell them to a 3rd party for profit is illegal. Besides, repackaging scraped content as your own without citing the source is not ethical as well. You should follow the idea of no spamming, no plagiarism, or any fraudulent use of data is prohibited according to the law.
Check Below Video: 10 Myths About Web Scraping!
6. A web scraper is versatile
Maybe you’ve experienced particular websites that change their layouts or structure once in a while. Don’t get frustrated when you come across such websites that your scraper fails to read for the second time. There are many reasons. It isn’t necessarily triggered by identifying you as a suspicious bot. It also may be caused by different geo-locations or machine access. In these cases, it is normal for a web scraper to fail to parse the website before we set the adjustment.
Read this article: How to Scrape Websites Without Being Blocked in 5 Mins?
7. You can scrape at a fast speed
You may have seen scraper ads saying how speedy their crawlers are. It does sound good as they tell you they can collect data in seconds. However, you are the lawbreaker who will be prosecuted if damages are caused. It is because a scalable data request at a fast speed will overload a web server which might lead to a server crash. In this case, the person is responsible for the damage under the law of “trespass to chattels” law (Dryer and Stockton 2013). If you are not sure whether the website is scrapable or not, please ask the web scraping service provider. Octoparse is a responsible web scraping service provider who places clients’ satisfaction in the first place. It is crucial for Octoparse to help our clients get the problem solved and to be successful.
8. API and Web scraping are the same
API is like a channel to send your data request to a web server and get desired data. API will return the data in JSON format over the HTTP protocol. For example, Facebook API, Twitter API, and Instagram API. However, it doesn’t mean you can get any data you ask for. Web scraping can visualize the process as it allows you to interact with the websites. Octoparse has web scraping templates. It is even more convenient for non-tech professionals to extract data by filling out the parameters with keywords/URLs.
9. The scraped data only works for our business after being cleaned and analyzed
Many data integration platforms can help visualize and analyze the data. In comparison, it looks like data scraping doesn’t have a direct impact on business decision making. Web scraping indeed extracts raw data of the webpage that needs to be processed to gain insights like sentiment analysis. However, some raw data can be extremely valuable in the hands of gold miners.
With Octoparse Google Search web scraping template to search for an organic search result, you can extract information including the titles and meta descriptions about your competitors to determine your SEO strategies; For retail industries, web scraping can be used to monitor product pricing and distributions. For example, Amazon may crawl Flipkart and Walmart under the “Electronic” catalog to assess the performance of electronic items.
10. Web scraping can only be used in business
Web scraping is widely used in various fields besides lead generation, price monitoring, price tracking, market analysis for business. Students can also leverage a Google scholar web scraping template to conduct paper research. Realtors are able to conduct housing research and predict the housing market. You will be able to find Youtube influencers or Twitter evangelists to promote your brand or your own news aggregation that covers the only topics you want by scraping news media and RSS feeds.
Source:
Dryer, A. J., and Stockton, J. 2013. “Internet ‘Data Scraping’: A Primer for Counseling Clients, ” New York Law Journal. Retrieved from
Web Scrapping – Legal or Illegal? – GeeksforGeeks
If you’re connected with the term ‘Web Scraping’ anyhow, then you must come across a question – Is Web Scrapping legal or illegal? Okay, so let’s discuss it. If you look closely, you will find out that in today’s era the biggest asset of any business is Data! Even the top giants like Facebook, Amazon, Uber are ruling because of the vast amount of data they hold. And what if someone extracts all this data from the owner’s website within a few minutes? Yes, this is where Web Scraping comes Scraping is the process of automatically extracting data and particular information from websites using software or script. The extracted information can be stored in various formats like SQL, Excel, and HTML. There are a number of web scraping tools out there to perform the task and various languages too, having libraries that support web scrapping. Among all these languages, Python is considered as one of the best for Web Scraping because of features like – a rich library, easy to use, dynamically typed, etc. Beautiful Soup and Scrapy are such libraries of Python that supports web, you must be thinking that why does someone try to extract such vast data from websites or what are the benefits behind doing Web Scraping. As we stated above how much valuable the data is for a business so if you get to access over that data through Web Scraping, it can be used for various purposes such as –Competitive AnalysisLead generationContact Information AccessibilityBrand MonitoringSocial Media ScrapingResearch and DevelopmentExtracting Financial Statement,, so get back to the point from where we started – Is it legal to do Web Scraping or not? However, doing Web Scraping is technically not any kind of illegal process but the decision is based on further various factors – How do you use the extracted data? or Are you violating the ‘Terms & Conditions’ statements?, etc. Let us take an example, Suppose you allow someone to enter your residence from Main Gate in general, But the person is preferred to come over through crossing Boundary Wall. So, will you allow the person to enter in your residence? Similarly, the data displayed by most of the websites are generally accessible to the public as it is legal to store that data in your system for personal use. But in case you are looking forward to using it as your own without the consent of the owner and by violating the ‘Terms & Conditions’ Guidelines, here it will be treated as illegal. However, the law regarding Web Scraping is not transparent but there are still some regulations in which you can fall for doing unauthorized web scraping. Some of these are listed below:Violation of the Digital Millennium Copyright Act (DMCA)Violation of the Computer Fraud and Abuse Act (CFAA)Breach of ContractCopyright InfringementTrespassing, nkedIn Vs HiQYou can say ‘LinkedIn vs HiQ’ is one of the biggest legal disputes about data scraping. HiQ is a data analytics firm that came in a legal dispute with LinkedIn when the latter sent an official letter to HiQ demanding it to stop scraping the site. But LinkedIn got a counter-attack from HiQ as they stated that the data of LinkedIn is accessible to anyone who visits it and there is nothing false in scraping the publicly available data. However, the final decision was not praiseworthy by LinkedIn as the court banned the company from blocking HiQ’s requests to scrape data from publicly available profiles on the platform. This case has something different as unlike earlier Web Scraping legal disputes, here the court did not favor the company whose data was being scrapped. Facebook Vs Power Ventures‘Facebook Vs Power Ventures’ is also a well-known legal dispute regarding data scraping. It is a legal action brought by Facebook claiming that Power Ventures Inc. has gathered the user data from Facebook and use it on their website. Facebook alleged that the company had violated the Computer Fraud and Abuse Act (CFAA), and the California Comprehensive Computer Data Access and Fraud Act. As per Facebook, Power Ventures also violated the CAN-SPAM Act by using Facebook’s identity while doing the process of extracting user data. In the defense, Power Ventures stated that Facebook’s DMCA claim was not sufficient to be considered. They also said that the unauthorized access was not met because the users are actually accessing their own data on Facebook via Power Ventures platform. Although, despite all these arguments, the court’s decision came in favor of, after getting to the point whether doing Web Scraping is legal or illegal depends upon how you perform the scraping and how you use the data. Now, take a look at those strategies which you should follow while doing Web Scraping –In case of provided API, try to avoid Web ScrapingKeep an interval of around 12-15 seconds in between your requestsDon’t use the scraped data for commercial purposes without the consent of the original go through the Terms of Service and follow the someone has put some restrictions to access their data, it will be good to ask for permission from them before going all the above discussion, it can be concluded that Web Scraping is actually not illegal on its own but one should be ethical while doing it. If done in a good way, Web Scraping can help us to make the best use of the web, the biggest example of which is Google Search Engine. So, do not give any reason to the target site owner to block or even sue you by any wrongdoings and respect the Terms of Service (ToS) of other sites as well.
Frequently Asked Questions about web scraping legality
Can I scrape a website legally?
It is perfectly legal if you scrape data from websites for public consumption and use it for analysis. However, it is not legal if you scrape confidential information for profit. For example, scraping private contact information without permission, and sell them to a 3rd party for profit is illegal.Aug 16, 2021
Is Web scraping a crime?
From all the above discussion, it can be concluded that Web Scraping is actually not illegal on its own but one should be ethical while doing it. If done in a good way, Web Scraping can help us to make the best use of the web, the biggest example of which is Google Search Engine.Feb 21, 2020
Is Google scraping legal?
Although Google does not take legal action against scraping, it uses a range of defensive methods that makes scraping their results a challenging task, even when the scraping tool is realistically spoofing a normal web browser: … Network and IP limitations are as well part of the scraping defense systems.
