Contents
Is Web Scraping Legal in US? Check Web Scraping Legality
Web scraping is so hot right now.
Especially many businesses and individuals make decisions based on data.
But with all the hype around web scraping the one question that keeps coming up is: Is web scraping legal? Or Is web scraping illegal?
The answer is not a simple Yes or No.
It depends on how you scrape, what you scrape, and what you do with that data.
So let’s dive into the world of web scraping legality—and learn how to avoid the traps.
But first, let’s understand;
What is Web Scraping?
Web scraping is the process of collecting large amounts of data from any website without any hard work.
This data can be product prices, customer reviews, contact information, and many more.
Why Do Businesses Use Web Scraping?
To spy on their competitors
- To gather market trends
- To monitor prices
- To generate potential leads
Well explained, Vladimir Cocovic 🫡
But here’s the catch: Not all websites allow you to scrape their data. Some welcome you and some don’t!
So what about the legality of web scraping? It’s still a puzzle with missing pieces.
Let’s solve it.
The Legal Gray Zone: 5 Factors That Decide If Scraping is Allowed
1. The Website’s Terms of Service (ToS): The Golden Rule
Every website has a page called ToS (Terms of Service) or Terms and Conditions page.
(Usually, most users ignore this page. But remember you are making a mistake by ignoring this page.)
This document tells you what you can do and what cannot on the site.
If ToS says “No automated data extractions” and you still try to scrape then you’re breaking the rules.
YES, IT IS.
Breaking ToS can lead to:
- Legal actions
- IP bans/account bans
- Fines (in severe cases)
Hot tip:
Always check the ToS and robots.txt file (which lists pages bots are allowed to scrape) to avoid legal consequences.
Don’t know how to find robots.txt file?
Type: website.com/robots.txt on Google.
2. Public vs. Private Data: Know the Difference
All data is not created equal.
Some data is publicly available, and other data is private or copyrighted.
What is publicly available data?
So, scraping publicly available data or information is usually legal or less risky. (But don’t forget to check ToS once before scraping.)
What is private data?
However, scraping private or copyrighted data without permission is completely illegal or can land you in legal trouble.
For example: Scraping public tweets is OKAY. ✔️
But, scraping private Facebook messages is NOT OKAY. ❌
3. How You Use the Data: Intent Matters
How you use scraped data also matters.
If you are using scraped data for personal uses or non-commercial purposes then you’re less likely to face legal issues.
BUT,
If you are using scraped data for commercial gain or harming the original website (like stealing their content and republishing it into your website) then you can lead to lawsuits.
For example, if you scraped the data and decided to create a competing website then it’s a big no.
And for god’s sake, don’t even try to sell scraped data without permission.
But why?
So be aware before selling the data.
4. Server Overload: Don’t Be a Digital Bull in a China Shop
While scraping data (even if the data is publicly available), the way you scrape it can make a big difference.
If your scraping activities overload the website’s servers or disrupt its normal functioning, then the site owner may take legal action against you.
And, don’t send too many requests in a short time.
It can crash a website.
This is called a Denial-of-Service (DoS) attack.
And DoS is illegal in many countries including the United States.
So what to do?
- Use tools that limit request speed (e.g., 1 request/second).
- Add delays to your scraper code.
- And if you are using Python’s BeautifulSoup, use time.sleep(2) between requests.
- Or better you use proxies to distribute traffic.
(In short, be a polite bot!)
5. Regional Laws: GDPR, CCPA, and More
GDPR (General Data Protection Regulation) in the European Union:
If you scrape personal information or personal data like names, and emails without consent,
then be ready to pay a fine of €20 million or 4% of your company’s global annual turnover.
(Whichever is higher, you have to pay.)
CCPA (California Consumer Privacy Act) in California:
In California, you must tell people how you collect their data. Scraping without explaining can get you sued.
PIPEDA (Personal Information Protection and Electronic Documents Act) in Canada:
In Canada, if you want to extract personal data then first you have to get permission.
No permission? No scraping!
The choice is yours: follow the rules, or pay the price.
But most people think web scraping is BAD.
Web scraping often gets a bad reputation because of the few bad actors who misuse web scraping.
BAD people scrape data:
- To steal other’s valuable content
- To violate privacy
- To engage in unethical practices
If you are on the list of “GOOD PEOPLE” and done responsibly, then web scraping can be a powerful tool for innovation and research.
Now let’s understand,
When is Web Scraping Legal?
- When you scrape the publicly available data.
- When you follow the website’s Terms of Service (ToS).
- When you use data ethically like for personal use, non-commercial use.
- When you don’t harm the website.
- When you comply with laws.
When is Web Scraping Illegal?
- When you violate the website’s ToS.
- When you scrape private or copyrighted information or content.
- When you misuse the data by selling it or using it to harm the original website.
- When you overload the servers.
- When you ignore the privacy laws.
So, How To Scrape Data From a Website in an Ethical Way?
1. Ask for permission
Some websites also offer APIs (e.g., Reddit, Twitter, and many more..) for safe data extraction. You can use them.
For example, Twitter’s API costs $100/month but ensures compliance.
2. Limit your scraping rate
If you are using Scrapy(Python) for scraping then set delays to 1-3 seconds between requests.
3. Avoid personal data
Don’t ever try to collect emails, phone numbers, or financial info.
4. Credit the source
Always give credit to the original website.
(For Example: “Product prices sourced from Target.com on [date].”)
5. Delete old data
Don’t keep it longer than necessary. GDPR says only store what you really need.
Real Cases That Shaped Web Scraping Laws
Let’s look at some famous cases:
Case 1: HiQ Labs vs. LinkedIn (The “Web Scraping Legal” Win)
Once, HiQ scraped publicly available data from LinkedIn to predict employee turnover.
LinkedIn sued, but the court ruled public data is free to scrape, even for commercial use.
The judge said LinkedIn is like a public square—if you share data openly, you can’t stop others from using it.
Case 2: Ryanair vs. PR Aviation (The “ToS Matters” Loss)
PR Aviation scraped Ryanair’s flight data even though the ToS clearly said no to scraping.
The court ruled in Ryanair’s favor, saying breaking ToS is illegal.
Hence proved that ToS are legal contracts.
Case 3: Craigslist vs. 3Taps (The $1 Million Mistake)
3Taps scraped Craigslist’s housing data to create a competing platform.
Craigslist sued, and 3Taps had to pay $1 million and shut down.
The court said they broke hacking laws (CFAA) and copyright rules.
Case 4: Facebook vs. Power Ventures (Greedy)
Power Ventures scraped Facebook’s data to build a competing platform.
The court ruled against them because they broke Facebook’s Terms of Service (ToS) and used the data for profit.
Final Thoughts
So, is web scraping legal? The answer is: It depends on how you do it or what you do with that data.
Follow the rules, respect privacy, and ask yourself, “Would I want someone scraping MY website this way?”
Ready to scrape?? Start with public data, double–check the Terms of Services, and keep it slow.
And wait—if in doubt, talk to a lawyer!
After all, with data, it’s smarter to stay on the right side of the law.
Being careful now can save you from big problems later!
FAQ
Yes, generally web scraping is legal everywhere.
Some websites are legal to scrape and some don’t. (Check their ToS.)
Scraping private data = illegal
Scraping public data = legal
Start scraping instantly
Sign up now, and get free 500 credits everymonth.
No credit card required!
