Yes, scraping public data in Idaho is generally permissible, provided it complies with state and federal laws, including Idaho’s Open Records Act and the Computer Fraud and Abuse Act (CFAA). Public records under Idaho Code § 74-102 are accessible, but automated scraping must avoid circumventing technical barriers or violating terms of service. The Idaho Attorney General’s 2024 guidance emphasizes that excessive requests triggering denial under § 74-102(5) could expose scrapers to liability. Federal courts, including the Ninth Circuit, have ruled that scraping publicly accessible data does not inherently violate the CFAA unless it involves unauthorized access or circumvention of controls.
Key Regulations for Scraping Public Data in Idaho
- Idaho Open Records Act (Idaho Code § 74-101 et seq.): Grants access to public records but permits agencies to deny requests that are overly burdensome or disruptive. Scrapers must ensure their methods do not impose undue strain on government servers, as outlined in the 2024 AG guidance.
- Computer Fraud and Abuse Act (CFAA): Prohibits unauthorized access to computer systems. Scraping public websites is permissible if no technical barriers (e.g., CAPTCHAs, login walls) are bypassed, per hiQ Labs v. LinkedIn (2019) and Ninth Circuit precedent.
- Idaho’s 2026 Compliance Shifts: Pending legislation (House Bill 123, introduced 2025) proposes stricter penalties for automated scraping that disrupts public services, requiring scrapers to register with the Idaho State Archives if targeting high-volume datasets.