Re:Scraping Instagram
by Nextgrid on Thursday March 31, 2022 @01:16PM
(#30869774)
It's definitely a breach of ToS, but I wouldn't be so fast at calling it illegal. It's a grey area that has yet to be properly litigated - I think the closest we've got is the LinkedIn scraping case and I don't remember whether that one even reached a conclusive answer.
In fact this is one of the downsides of the US legal system - litigation is so expensive that nobody dares trying it even though it could set a legal precedent that would benefit society at large. This is IMO something a consumer-friendly regulatory environment (such as the EU) should settle in advance like with the GDPR for example, but given they're not even bothered to enforce that effectively, I don't have much hope (if they enforced it, it would actually remove a big use-case for scraping Instagram, as you would be able to use the official clients without compromising your privacy).
In fact this is one of the downsides of the US legal system - litigation is so expensive that nobody dares trying it even though it could set a legal precedent that would benefit society at large. This is IMO something a consumer-friendly regulatory environment (such as the EU) should settle in advance like with the GDPR for example, but given they're not even bothered to enforce that effectively, I don't have much hope (if they enforced it, it would actually remove a big use-case for scraping Instagram, as you would be able to use the official clients without compromising your privacy).