Is Web Scraping Illegal? Depends on What the Meaning of the Word Is
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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ParseHub Pricing, Alternatives & More 2021 – Capterra
ParseHub ReviewsShowing 5 of 13 reviewsFounderMarketing and Advertising, 1-10 employeesUsed the software for: Less than 6 months“ParseHub will give you for free what many “Lead Scraping” Services charge you $1000+ for. ”Overall: I wanted to get leads for my real estate marketing company, so I explored some lead-scraping options. Some were too “cookie-cutter” and weren’t giving me what I was looking for and had limited functionality. Some were too expensive right out the bat. Some charged you on a “per-lead” basis. Some didn’t tell you where they were getting the leads from and just gave you a list of supposedly “good leads. ”
Using parsehub, I was able to extract any information from any website I wanted, create custom excel files with the person’s name, email, phone number, brokerage, office, city, province, and more… all I had to do was learn how to use it. That definitely wasn’t easy. It was a bit stressful to learn at first. But once I really sat down and dedicated two hours to learning how to use it, I was able to create a successful scraper that got me over 10, 000 leads. Not bad for 2 hours of focused work and then a couple of hours of scraping/uploading time that I had to wait on and monitor.
Pros: I could scrape an almost unlimited number of leads for free. Cons: It was difficult to learn and implement. Making a scraper for a given site is a 1-3 hour experience when you’re new to it. Reasons for Switching to ParseHub: Like I said above, I made the switch to ParseHub because it was the perfect mix of options. Free, unlimited number of leads, totally customizable, and guaranteed accurate (because you’re scraping the site yourself, in its most current version. ) Vendor ResponseBy ParseHub on June 9, 2021Hi there, thanks for the feedback. We continue to make improvements in ease of use, but this is a hard problem when you want to cover as many use cases as ParseHub does. Websites come in all different shapes and sizes, and we want to be able to extract data from all of them. This unfortunately comes with some necessary complexity. We’re glad you were able to figure out how to use it.
Our customer success team is always available to help you with your projects if you ever get lication AnalystInformation Services, 11-50 employeesUsed the software for: 6-12 months“User Personnel Experience In Professional Level”Overall: We are work on extraction data from website into local database based on customer not need basic programming knowledge to start
friendly user-interface (except template tab bar)
good test-mode (except 5 pages limit fast-forward)
very high quality user support
Cons: do not have been comment/remark command
cannot import/export template
new tab bar does not for more 10 template
condition detail display full at top of screen
test-run only allow fast-play for 5 pages
some parsehub not response if website too heavy or copy/pause command from template of other phj file
unable to pause & download json in run BI DeveloperLeisure, Travel & Tourism, 201-500 employeesUsed the software for: 2+ years“Point and click webpage data extraction ”Overall: We are able to rapidly configure website to data extraction as Relatively easy to extract data from websites using a point & click interface. Much more can be done through further project configuration and accessing formulas etc. Cons: It can be difficult to understand why extraction fails or how the project needs to be changed to make it work. UnspecifiedUsed the software for: Less than 6 months“Not for intermediate to complex level scraping”Overall: None, see my reviewPros: Of no use for intermediate to complex level scraping
I tried with medium to large sized data sets, site I have scraped before with open source tools (BS4, Requests etc). parsehub couldnt handle be useful for non programmers wanting incredibly basic scrapesCons: Unable to parse a intermediate complexity JSON, XML etc
Can not compete with BS4, Requests etc in Python
Sites I have scraped, couldn’t be scraped by source does a much better jobDirector of Web DevelopmentInternet, 51-200 employeesUsed the software for: 6-12 months“The Web Scraper that you will need”Overall: The idea that you can upload files directly to S3 help us a lot with a manual task that were we needed to download 30 to 50 files a day and uploaded to our platform and now this is done automatically. In other words HEAVEN Pros: – Cross Platform, for Windows, Mac and Linux
– Have a great un boarding, that help you understand the workflow and the concepts inside the tools
– Amazon S3 and Dropbox integration for files download inside the pages, in fact this feature was a deal winner
– Scheduling and Recurrent scraps!!
– An API that help you do what ever you want (almost)Cons: – Sometimes is not the most user friendly tool, this kind of tools never are in my honest opinion.
– Some of the steps are redundant and you will have to re do it over and over.
ParseHub – Crunchbase Company Profile & Funding
Frequently Asked Questions about parsehub com
How do I install ParseHub?
Click “Open” to start the app.Your download will start after you click on the “Windows” button above.Wait for ParseHub to finish downloading. … You may see a pop-up message that tells you Windows protected your PC. … A window will tell you that the set-up is launching.More items…
Does ParseHub cost money?
ParseHub has both free and paid plans. The prices for paid plans start at $149 per month and offer upgraded project speeds, a higher limit on the number of pages scraped per run, and the ability to create more projects.Jul 5, 2018
Is web scraping legal?
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. … Big companies use web scrapers for their own gain but also don’t want others to use bots against them.