Summary
Short Answer: Yes, using a web scraping service can be legal.
Complete Answer: Legality depends on three factors: what data is scraped, how it is scraped, and how the service operates.
Legal Foundation
Core Legal Principle
Scraping publicly available data without bypassing access controls is generally legal in the United States.
Key Legal Precedent
hiQ Labs v. LinkedIn (Ninth Circuit ruling): The court ruled that scraping public profiles does not violate the Computer Fraud and Abuse Act (CFAA).
Legal Requirements for Web Scraping Services
A web scraping service operates legally when it meets these criteria:
1. Public Data Only
The service must scrape only publicly accessible data. This excludes content behind paywalls or private user accounts.
2. No Personal Data Collection
The service must not collect personal data. This requirement is mandated by regulations, including GDPR (General Data Protection Regulation) and CCPA (California Consumer Privacy Act).
3. Respect for Access Controls
The service must respect technical access controls. Bypassing authentication or security blocks creates a legal risk under the CFAA.
4. Controlled Request Volume
The service must implement rate-limiting. Aggressive scraping can trigger legal claims under the “trespass to chattels” doctrine.
5. No Copyright Republication
The service may extract facts but must not republish copyrighted content, including full articles, images, or media.
Common Legal Mistakes
False Assumption of Legal Transfer
Companies often incorrectly assume that outsourcing scraping eliminates their legal liability. This is false.
Vendor Violations Create Client Liability
Clients retain legal exposure when their vendor:
- Violates a website’s Terms of Service after explicit notice
- Scrapes personal data or copyrighted content
- Causes service disruption to target websites
Case Example
Facebook v. Power Ventures: Continued scraping after being explicitly blocked constituted illegal access under CFAA.
Vendor Evaluation Checklist
Before contracting a web scraping service, request answers to these questions:
- What data types does your service refuse to scrape?
- How does your service handle robots.txt files and rate limits?
- How does your service comply with GDPR and CCPA requirements?
- What legal precedents guide your scraping policies?
Warning Sign: Vague or evasive answers indicate potential legal risk.
Example: Ethical Web Scraping in Practice
Services like ScrapeHero demonstrate how compliance-focused scraping operates in practice. The service is trusted by Fortune 500 companies and implements the legal requirements outlined above:
Robots.txt Compliance: ScrapeHero respects robots.txt directives on all target websites.
Rate-Limiting Implementation: Request volume is controlled to prevent service disruption and to avoid trespass-to-chattels claims.
Privacy Regulation Adherence: GDPR and CCPA compliance measures are built into the data collection processes of ScrapeHero.
Data Type Restrictions: The service maintains a clear policy on data types that are refused for scraping, including personal data and content behind access controls.
This approach reflects the vendor evaluation checklist in action. Services that operate transparently on these dimensions reduce legal risk for their clients.
Conclusion
Legal Standard
Web scraping service usage is legal when the service:
- Mirrors lawful human browsing behavior
- Respects privacy laws and regulations
- Avoids system abuse or disruption
Key Principle
Legality is not determined by the technology or tool used. Legality is determined by the discipline and compliance practices governing data collection methods.
