Is web scraping legal? Best Practices? Ethics?

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The real question is how you plan to use the data you've extracted from a website (manually or with software).

Indeed, the data displayed by most websites is intended for public consumption. It is completely legal to copy this information to a file on your computer.

But it's how you plan to use this data that you need to be careful about. If the data is downloaded for your personal use and analysis, then that is completely ethical. But if you plan to use them as your own, on your website, in a way that goes completely against the interests of the owner of that data, without identifying them, then that's unethical and illegal.

Additionally, web scrapers can read and extract data from web pages more quickly than humans, so care should be taken to ensure that the process does not affect web server performance/bandwidth in any way. Most web servers will block your IP, preventing further access to its pages, should that happen.

The websites have their own Terms of Use and copyright details whose links can easily be found on the home page of the website itself. Web scraping processes should respect the terms of use and copyright statements of the target websites. These mainly concern the use of their data and access to their site.

Now let's look at all of this in more detail.

Definition of web scraping

Web Scraping refers to the extraction of data from a website.

Scraper means collecting and exporting data from a website in a format that is more useful to the user.

Web Crawling refers to the automation of a robot that scours websites to list and store all URLs (and the mesh between pages)

Understanding the legality of Web Scraping

Web Scraping is a technique that is increasingly used to extract information from websites. However, with the emergence of strict regulations such as the GDPR, it is essential to fully understand the legal issues, especially with regard to personal data.

Definition of personal data

When talking about Web Scraping, it is crucial to distinguish the types of data you want to extract.

What is personal data?

  • Information that can identify an individual directly or indirectly.
  • Examples: Name, first name, IP address, fingerprint, etc.

Why is it important?

  • Identification can result from the crossing of several data items.
  • The protection of this data is essential to respect the privacy of individuals.

In short, personal data is any information that can identify a person. It is therefore essential to treat them carefully.

Objectif principaux du RGPD
Objectives of the GDPR

Legality of Web Scraping

Web Scraping is not illegal in itself, but it is subject to strict regulations.

When is it legal?

  • If the data is public.
  • If they are stored securely.
  • If they are not sold or shared without consent.

Regulations you need to know:

  • RGPD for the European Economic Area.
  • CCPA for California.
  • Other local laws depending on the country.

In short, Web Scraping is legal as long as you respect certain conditions, especially with regard to the protection of personal data.

Ethical Web Scraping Practices

Beyond legality, it is essential to adopt an ethical approach when practicing Web Scraping.

How do you scrape ethically?

  • Use APIs if available.
  • Respect the Robots.txt files.
  • Read and respect the general conditions of the site.
  • Don't overload the servers.
  • Identify yourself and inform the site administrators.

Why is it important?

  • To maintain a good relationship with site owners.
  • To avoid legal sanctions or technical blockages.

In conclusion, Web Scraping must be practiced with care, respecting both current laws and a certain ethics to ensure respectful and effective data collection.

Techniques anti-scraping
Common Techniques for Blocking Crawlers

Example: LinkedIn

Data scraping is an integral part of the modern Internet ecosystem. It is not going to disappear any time soon.

Companies like LinkedIn (lawsuit against the company HiQ) have been dismissed by the United States Court of Appeals.

It was in fact decided that automated Web Scraping was carried out on data accessible to the public and did not violate American law (CFAA — American law on computer fraud and abuse).

Web scraping Linkedin HIQ
LinkedIn vs HiQ

LinkedIn's interest in suing HiQ is surely more related to competition to provide the same services than to legitimate security or privacy concerns.

But this case touches on one of the most important data and privacy issues of our time. Who really owns the data?

The lawsuit seemed to assert that we — individuals and businesses — are the ones.

So all the platforms with which we share this data are simply authorized to use it, they do not own it directly. But in reality, is that really the case?

Why prevent web scraping on your website?

  • Massive requests can hinder site performance. (Some hackers use this type of method to crash sites: DoS attacks)
  • Robots, excluding search engine robots, account for over 26% of web traffic
  • Competitors can explore their pages in search of information: this allows them in particular to be informed of their new customers, partnerships, developments in their products or services
  • Their non-public data can also be scraped by competitors who create competing alternatives or services, reducing demand for their own services.
  • Their copyrighted content can be copied and cited without references, resulting in a loss of revenue for the content creator.
Répartition du trafic Web mondial
Global web traffic distribution

Best practices

Web Scraping is a powerful technique, but it requires an ethical and respectful approach to targeted websites. Here are some of the best practices you can adopt to ensure effective and respectful scraping.

Using proxies

Anti-bot tools are commonly used by websites to block scrapers.

  • Proxy servers allow you to bypass these tools by changing your IP address.
  • Sending requests through different IPs reduces the risk of detection.

Proxies are essential to navigate discreetly and avoid crashes.

Adopting a dynamic IP

A static IP can be easily identified and blocked.

  • Changing IP addresses regularly makes detection more difficult.
  • A dynamic IP offers more flexibility and reduces the risk of blocking.

Changing your IP address regularly is an effective strategy to remain discreet.

Setting up a slow crawler

Fast crawlers are easily detectable.

  • Sending too many requests simultaneously can overload a server.
  • It is recommended to limit the frequency of requests.
  • Crawling during off-peak hours avoids overloading servers.

A good scraper is patient and respectful of the resources of the website.

Compliance with General Conditions and Regulations

Registration requirements may prohibit scraping.

  • Even if scraping is legal, it can be against a site's terms of use.
  • Complying with local regulations is essential.
  • Comply with data protection and privacy laws.

Legality is not enough, it is essential to respect ethical rules and the conditions of use of sites.

Be careful with sensitive sites

Some sites, like LinkedIn, have strict terms of use.

  • Even though scraping these sites may be legal, it is still controversial.
  • It is essential to fully understand the issues before scraping sensitive sites.

Each site is unique, and it is essential to fully understand the issues before starting scraping.

In conclusion, Web Scraping is a powerful tool, but it requires an ethical and respectful approach. By adopting these best practices, you ensure effective data collection while respecting targeted websites.

Common challenges

Web Scraping is a powerful technique for extracting information from websites. However, it presents several challenges due to the complexity and diversity of web structures, as well as the anti-scraping measures put in place by sites.

Complexity of web structures

Web sites, which are mostly based on HTML, have varied and sometimes complex structures.

  • Each site requires a specific scraper.
  • The diversity of structures makes automation difficult.
  • Increased development time.
  • Need for advanced programming skills.

Faced with the variety of web structures, it is essential to adapt your scraper to each site to guarantee efficient extraction.

Scraping tool maintenance

Sites are constantly evolving, which can make scraping tools obsolete.

  • Changes in design or structure disrupt scraping.
  • Regular maintenance of scrapers is necessary.
  • Additional costs for businesses.
  • Risk of interruption of data collection.

Maintenance is an essential aspect of Web Scraping, guaranteeing the sustainability and effectiveness of the tools.

Anti-scraping measures

Many sites put tools in place to prevent scraping.

  • IP address blocking.
  • Implementation of CAPTCHAs.
  • Using Honeypots to trick robots.
  • Use of rotating proxies or IPs.
  • Use of Python libraries to defeat CAPTCHAs.

Anti-scraping measures represent a major challenge, but solutions exist to get around them and continue to extract the desired data.

Connection requirement

Some sites require authentication to access certain data.

  • Need to manage cookies and sessions.
  • Risk of blocking in case of repeated connections.
  • Automating cookie management.
  • Use of time limits between requests to avoid suspicions.

Logging in is an additional step in the scraping process, but it's often a must to access valuable data.

Loading speed issues

Site performance may vary, impacting the quality of scraping.

  • Content may not load in its entirety.
  • Risk of errors or interruptions.
  • Implementation of automatic reloading mechanisms.
  • Use of appropriate time limits between requests.

Faced with sites that are sometimes slow or unstable, patience and adaptability are required to guarantee quality scraping.

In conclusion, Web Scraping is a powerful tool but one that presents many challenges. A good understanding of these challenges and adequate preparation are essential to succeed in this endeavor.

Future of Web Scraping

The Web Scraping has become a cat and mouse game between content owners and Web Scrapers. Both parties spend time and money overcoming obstacles put in place by one or the other.

Open source is also playing an increasingly important role in the development of ever more advanced Web Scraping solutions.

The popularity of language Python is growing, as is the use of libraries such as Selenium, Scrapy, and Beautiful used to Web Scrape content.

Furthermore, artificial intelligence (AI) makes the future of Web Scraping very interesting because AI systems depend on data, and automating collection can facilitate their applications and learning.

For a deeper dive into Web Scraping, read the following articles:

  1. Web Scraping Tools
  2. What is web scraping?
  3. How to collect emails
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