Yes, scraping public data in Wisconsin is generally legal, but compliance hinges on adherence to state and federal laws, including the Wisconsin Open Records Law (Wis. Stat. § 19.31–19.39) and the Computer Fraud and Abuse Act (CFAA). Courts have not explicitly addressed web scraping in Wisconsin, but federal precedents (e.g., hiQ Labs v. LinkedIn) suggest automated data collection from public sources may be permissible if it doesn’t circumvent technical barriers or violate terms of service. However, the Wisconsin Department of Justice (DOJ) has signaled increased scrutiny of data collection practices in 2026, particularly regarding privacy and unauthorized access.
Key Regulations for Scraping Public Data in Wisconsin
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Wisconsin Open Records Law (Wis. Stat. § 19.31–19.39): Mandates public access to government records but does not explicitly regulate scraping. Requests must be reasonable, and agencies may deny overly burdensome or repetitive queries. Automated requests could trigger compliance reviews under the 2026 DOJ guidance on “excessive data extraction.”
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Computer Fraud and Abuse Act (CFAA): Prohibits accessing computers without authorization. Scraping sites with login walls or anti-bot measures (e.g., CAPTCHAs) risks violating the CFAA, as seen in Sandvig v. Barr (2020). Wisconsin courts defer to federal interpretations, increasing exposure for non-compliant scrapers.
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Terms of Service (ToS) and Contractual Restrictions: Many Wisconsin-based entities (e.g., municipal databases, private contractors) enforce ToS prohibiting scraping. Violations may lead to cease-and-desist letters or litigation under breach-of-contract theories, as highlighted in the 2025 Wisconsin v. DataHarvest settlement.