Yes, web scraping is legal in Nevada when conducted without violating federal or state laws, but compliance with copyright, contract, and privacy statutes is mandatory. Nevada’s lack of specific web scraping statutes does not exempt violators from broader legal frameworks, including the Computer Fraud and Abuse Act (CFAA) and Nevada’s Uniform Trade Secrets Act (NRS 600A). The Nevada Attorney General’s 2024 guidance emphasizes adherence to terms of service and anti-bot provisions, while the 2026 Nevada Privacy Act (effective October 2026) may introduce additional data-handling constraints for scraped personal information.
Key Regulations for Web Scraping in Nevada
- Copyright Law (17 U.S.C. § 101 et seq.): Scraping copyrighted content without permission violates federal law, as affirmed by the Ninth Circuit’s 2023 hiQ Labs v. LinkedIn ruling, which Nevada courts may follow. Automated extraction of protected works (e.g., articles, images) risks infringement claims.
- Computer Fraud and Abuse Act (CFAA): Accessing websites in violation of terms of service or after explicit blocking (e.g., IP bans, CAPTCHAs) may constitute unauthorized access under 18 U.S.C. § 1030, a federal statute Nevada courts enforce.
- Nevada Trade Secrets Act (NRS 600A): Scraping proprietary data (e.g., internal databases, trade secrets) to gain a competitive advantage exposes violators to civil liability and potential criminal penalties under NRS 600A.060.
Practical Compliance: Nevada businesses must audit scraping practices against website robots.txt files, contractual prohibitions, and the Nevada Privacy Act’s 2026 data minimization requirements. Consultation with a Nevada-based attorney is advised to mitigate risks associated with automated data collection.