hiQ Labs v. LinkedIn
Confirmed that scraping publicly accessible data does not violate the Computer Fraud and Abuse Act. The most cited precedent for US web scraping legality.
A working tracker of the rulings, regulations, and enforcement actions that shape what data collection is actually defensible. Updated as material developments happen — not a quarterly blog cadence.
The rulings that most data teams cite when scoping a project. Read these first; the rest is regional adaptation and enforcement nuance.
Confirmed that scraping publicly accessible data does not violate the Computer Fraud and Abuse Act. The most cited precedent for US web scraping legality.
Narrowed the CFAA's "exceeds authorized access" clause. Reinforced the public-data carve-out that hiQ later relied on.
Court declined to enforce Meta's Terms of Service against a scraper of public data, citing hiQ. Ongoing — watch for appellate decisions.
Confirmed that database-rights and contract claims can apply in EU jurisdictions even where US precedent allows scraping. Routinely cited in EU enforcement.
Active developments we are tracking. None of these have settled into clear precedent yet, but each is likely to materially shift defensible practice within the next 12 months.
Scraping publicly accessible, non-personal data for legitimate business purposes is legal in the US under hiQ v. LinkedIn (2022) and most common-law jurisdictions. Personal data triggers GDPR / CCPA obligations. Authenticated content, paywalled content, and Terms-of-Service violations occupy separate legal categories. There is no single yes-or-no answer — it depends on what data, what jurisdiction, and what use.
Not on its own. Robots.txt is a technical convention, not a statute. US courts have not held that ignoring robots.txt is illegal under the CFAA, but compliance has been cited as evidence of good faith in some rulings. Treat it as one signal among several when assessing risk.
AI-training scraping is the area of fastest legal change in 2025–2026. The EU AI Act, NYT v. OpenAI, copyright class actions, and FTC inquiries are all reshaping what's defensible. If you're collecting data for model training, the safe assumption is that this guide will be out of date in 90 days — read every monthly update.
Public data only by default; client attestation required for any personal-data project; documented data-minimization; Article 30 records on file. We are infrastructure, not legal counsel — clients are responsible for compliance with applicable law in their jurisdiction.
This page tracks public legal developments and is published for informational purposes only. It is not legal advice. Engage qualified counsel in your jurisdiction before acting on any of this material.
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