The internet is full of information. Thanks to web scraping, data collection has become easy. With basic coding knowledge in languages like Python or R, you can create your own web scraping tool. Python web scraping is incredibly popular due to the speed and convenience it offers. Data extraction is also possible through APIs. There are various methods of creating an API and you can choose whatever suits your needs.
The idea behind web scraping, regardless of whether you are using Python web scraping or a Flask-API, is the same. A web scraper automates the process of collecting large amounts of data from various websites on the internet and exporting it into a more usable form.
If you are in two minds regarding whether to web scrape or not, here are a few things to be mindful of.
What is web scraping used for?
Web scraping can be used for several applications in different industries. Some of the most common uses include:
Industry statistics and insights
Many organizations use web scraping to collect large amounts of data and create databases. They analyze these databases to draw industry-specific insights. For instance, you may analyze a lot of data about export and import and oil prices to sell this data to oil companies around the world.
Price monitoring
Companies can use web scraping to analyze product data for their products as well as their competitors. They can use this data to figure out the optimal pricing for their products to increase sales.
Lead generation
Web scraping is extensively used by companies for lead generation, especially in the B2B space where customers post their contact information publicly online.
Market research
High-quality data obtained through web scraping can be useful for companies in understanding current consumer trends. By analyzing these trends, a company can decide its future course.
Email marketing
Collecting email addresses from various websites on the internet becomes easy through web scraping. Companies can use these email addresses for email marketing and sending promotional newsletters.
Is web scraping legal?
Web scraping is not illegal itself. However, how you use the extracted data could further determine if the activity is legal or not. Violating the “terms and conditions” statement on a website also makes it illegal. Let’s illustrate with an example. Most websites have data that users can access publicly. However, there is also non-public data that is not accessible to everyone on the web. In many cases, you need an authorized login to access such data. Scraping such non-public data could be deemed illegal or unethical, depending on the context.
Unlawful web scraping and liability
The laws around web scraping are still developing and there is no single law that directly addresses web scraping. However, web scraping activity could potentially come under the purview of many federal statutes, such as the CFAA (Computer Fraud and Abuse Act), and the DMCA (Digital Millennium Copyright Act). It could also implicate several privacy laws, insider trading laws, and common law claims, such as fraud and breach of contract.
Computer Fraud and Abuse Act
This cybersecurity bill was enacted in 1986 and also provides a private right of action, commonly invoked in web scraping cases. The CFAA prescribes “accessing a computer intentionally without authorization,” “obtaining information from a protected computer,” and other violations.
Copyright/DMCA
Copyrighted work is protected under the DMCA. A copyright infringement claim can be brought against you by a website owner, if:
- They can prove they have valid ownership.
- The user of the web scraping device has been copying original elements of the work in question.
Privacy laws
Privacy laws such as the GDPR (General Data Protection Regulation) and the California Consumer Privacy Act of 2018 protect the personal information of consumers. Organizations that use web scraping to compile personally identifiable information could be subject to various private and government litigation.
Insider trading
In some cases, web scraping could potentially violate insider trading laws. For instance, obtaining non-public information through web scraping and then trading that information could constitute insider trading.
Common law claims
Website owners could also invoke several common laws to curtail web scraping. For instance, violating the terms and conditions of a website could be used to assert claims of breach of contract.
Advice for people engaging in web scraping
When it comes to web scraping, the legal landscape is still evolving. Here are some practical tips to ensure web scraping is both legal and ethical.
- Never use any web scraping strategy or technique that could be perceived to constitute affirmative misrepresentation.
- Ensure that you review the robot.txt files and the terms and conditions of the website before engaging in any web scraping activity.
- Many websites restrict web scraping by blocking IP addresses or using CAPTCHAs.
- Monitor and consider all such actions before engaging in web scraping activities.
- Consider the appropriateness of using names and passwords and IP structures.
- Ensure that your web scraping activity does not hamper the physical operation of a website. It could otherwise leave you open to trespass to chattels and other similar claims.
- Your web scraping activity must not affect the availability of goods or services to customers.
- You should not collect personally identifiable information as that could leave you open to privacy law claims.
- Consider if the data you are web scraping is protected by copyright.
- If you are engaging third-party vendors for web scraping, conduct due diligence regarding their web scraping practices.
- Stay up-to-date on evolving law in this area.
Conclusion
Web scraping may present many legal and ethical challenges. However, it is, without a doubt, a powerful tool to collect valuable data. Web scraping helps businesses leverage the power of data, but it should be done ethically and respectfully.
