Yes, scraping public data in Nebraska is generally permissible, provided it complies with state and federal laws, including the Nebraska Public Records Act (NPRA) and the Computer Fraud and Abuse Act (CFAA). Public records under NPRA are accessible to all, but automated scraping must avoid overburdening systems or violating terms of service. Nebraska courts have not yet ruled on scraping-specific cases, but federal precedents (e.g., hiQ Labs v. LinkedIn) suggest scraping publicly available data without circumvention is lawful. However, entities must ensure compliance with the Nebraska Attorney General’s 2024 guidance on digital data collection, which emphasizes proportionality and transparency.
Key Regulations for Scraping Public Data in Nebraska
- Nebraska Public Records Act (NPRA): Grants access to public records but prohibits requests that disrupt government operations or exceed reasonable limits. Scrapers must not overload servers or request data in a manner inconsistent with NPRA’s “reasonable use” standard.
- Computer Fraud and Abuse Act (CFAA): Federal law criminalizes unauthorized access to computer systems. Scrapers risk liability if they bypass technical barriers (e.g., CAPTCHAs, login walls) to extract data, even from public sources.
- Nebraska Attorney General’s 2024 Digital Data Policy: Recommends adherence to platform terms of service and urges scrapers to document compliance efforts. Violations may trigger enforcement under the Nebraska Unfair Practices Act if data misuse harms consumers.
Scrapers should verify whether targeted data falls under exemptions (e.g., personal privacy protections under NPRA §84-712.05) and monitor updates from the Nebraska Department of Administrative Services, which oversees public record requests. Automated tools must include rate-limiting to prevent system interference, aligning with the 2026 Nebraska IT Security Framework’s directives on data extraction practices.