Yes, web scraping is generally legal in South Dakota, provided it complies with federal and state laws, including copyright, contract, and data protection statutes. The state lacks specific scraping regulations, but adherence to the Computer Fraud and Abuse Act (CFAA) and South Dakota’s Uniform Trade Secrets Act remains critical. Recent 2026 federal enforcement trends emphasize stricter enforcement against unauthorized data extraction from government and private sector databases.
Key Regulations for Web Scraping in South Dakota
- Copyright Law (17 U.S.C. § 101 et seq.): Scraping copyrighted content without permission violates federal law, even if the data is publicly accessible. South Dakota courts defer to federal precedents, such as Feist Publications v. Rural Telephone Service (1991), which protects original compilations.
- Computer Fraud and Abuse Act (CFAA): Accessing websites in violation of terms of service (ToS) or circumventing technical barriers (e.g., IP bans) may constitute unauthorized access under 18 U.S.C. § 1030. South Dakota’s federal district courts have not deviated from this interpretation.
- Trade Secrets Protection (S.D. Codified Laws § 37-29-1 et seq.): Scraping proprietary business data (e.g., internal pricing models) could trigger liability under state trade secret laws, especially if the data was obtained through deception or breach of confidentiality.
South Dakota’s 2026 Data Privacy Act (pending legislation) may introduce additional obligations for scrapers handling personal data, aligning with broader U.S. trends. Businesses should monitor updates from the South Dakota Attorney General’s Office and the Federal Trade Commission (FTC) for enforcement shifts. Automated scraping tools must also comply with the CAN-SPAM Act if extracting email addresses for commercial purposes.