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ARTICLE · 09 NOVEMBER 2018

The Computer Fraud And Abuse Act And Third-Party Web Scrapers

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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"Web scraping,'' also known as ‘‘web data extraction'' or ‘‘web harvesting,'' is the process of extracting data from websites using automated software solutions, known as ‘‘bots'' or ‘‘spiders.''

United StatesTechnology
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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The Commercial Landscape of Web Scraping

"Web scraping,'' also known as ''web data extraction'' or ''web harvesting,'' is the process of extracting data from websites using automated software solutions, known as ''bots'' or ''spiders.'' According to Distil Network's Economics of Web Scraping Report, web scraping activity is a prevalent practice, generating up to 46% of all web traffic. Approximately 38% of web scrapers use this technology to obtain content, primarily targeting websites directed to real estate, digital publishing, travel, online directories, e-commerce, marketplace, and classifieds.

The value of web scraping is based on an informal quid pro quo between website owners, web scrapers, and web users. Aggregation websites, such as hotel booking and ticket-selling websites, offer their users the ability to leverage the disparate resources available on the internet. By employing web scraping techniques, aggregation websites extract information from

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