Web Scraping Legal & Ethics

The Short Answer

Web scraping is generally legal, but with important caveats:

✅ Legal when:

• Scraping publicly accessible data
• Respecting robots.txt
• Not bypassing authentication or paywalls
• Following reasonable rate limits
• Not causing harm to the website

❌ Illegal or Risky when:

• Violating Computer Fraud and Abuse Act (CFAA)
• Breaching Terms of Service (ToS)
• Scraping personal data without consent (GDPR violations)
• Bypassing technical protections (CAPTCHAs, login walls)
• Causing server damage or denial of service
• Infringing copyright or database rights

The Complexity

Web scraping legality is not black and white. It depends on:

Key Legal Concepts

1. Public Data

Data visible without login is generally scrapable, but not all public data is "public domain."

2. Terms of Service (ToS)

Contractual agreements that may prohibit scraping. Enforcement varies.

3. Computer Fraud and Abuse Act (CFAA)

US law prohibiting "unauthorized access" to computer systems.

4. GDPR (EU)

Protects personal data of EU citizens. Applies worldwide if you process EU data.

5. Copyright

Original content is protected. Facts and data compilations have limited protection.

Why This Matters

Legal risks:

• Lawsuits (cease & desist, damages)
• Account bans and IP blocks
• Criminal charges (rare, but possible under CFAA)

Ethical risks:

• Harm to small businesses
• Server overload
• Privacy violations
• Reputational damage

The Golden Rule

If an official API exists, use it instead of scraping.

APIs are:

• ✅ Legal and authorized
• ✅ Reliable and supported
• ✅ Often rate-limited appropriately
• ✅ Less likely to break