9th Circuit holds that scraping a public website does not violate the CFAA [pdf]

Re:9th Circuit holds that scraping a public website does not... by codedokode on Monday September 09, 2019 @04:41PM (#20922248)

This is actually bad, would not it be better if sites would be allowed to block crawlers? I don't see what is the legal basis for forbidding to ban scrapers. Is there a law that a site must serve pages for anyone?

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Re:9th Circuit holds that scraping a public website does not... by 3xblah on Monday September 09, 2019 @08:36PM (#20924062)

There is no legal basis for "forbidding to ban scrapers".

The question is whether there is any legal basis for banning scrapers, i.e., for blocking hiQ. In other words, if hiQ keeps scraping, are they violating anyone's rights and/or breaking the law by doing that?

As long as that remains a legitimate, open question, then hiQ can argue they should be allowed to keep scraping without incurring civil or criminal liability. That is the purpose of the injunction. There could be no legal basis for blocking hiQ. Until that question is resolved, hiQ can keep on scraping.

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Re:9th Circuit holds that scraping a public website does not... by CamperBob2 on Monday September 09, 2019 @05:26PM (#20922631)

Parent was downvoted but I think they have a point. This sounds overbroad, to an extent that I'd worry will get the whole ruling tossed out by SCOTUS.

On the other hand, if the ruling stands, it sounds like it will finally be possible to do useful things with Craigslist.

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Re:9th Circuit holds that scraping a public website does not... by cooljacob204 on Monday September 09, 2019 @07:13PM (#20923540)

Because they are exposing their website to the general public. If you don't want the public to have access and be able to scrap it don't make it public facing.

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Re:9th Circuit holds that scraping a public website does not... by MiroF on Monday September 09, 2019 @09:28PM (#20924324)

Yes - for instance if your e-commerce site banned people from visiting based on whether their zip code made it more likely they were of a certain racial group, you would be running afoul of the law.

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Re:9th Circuit holds that scraping a public website does not... by xxxpupugo on Monday September 09, 2019 @09:20PM (#20924276)

You can redefine what is 'public', or require login to see those information anyway.

If anything, the ruling could just push websites to hide information even deeper.

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Re:9th Circuit holds that scraping a public website does not... by anortef on Monday September 09, 2019 @05:38PM (#20922738)

Why? if your data is publicly accessible what is the difference between using scripts and someone hiring a ton of people on a third world country to copy&paste your content?

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