Yes, web scraping is legal in Vermont when conducted without violating federal or state privacy, copyright, or anti-hacking laws. Vermont’s 2024 Data Privacy Act and federal precedents (e.g., hiQ Labs v. LinkedIn) permit scraping public data, but unauthorized access or misuse of scraped data may trigger liability. The Vermont Attorney General’s Office has signaled increased scrutiny of data harvesting practices under the Consumer Protection Act, particularly when scraping involves minors’ data or deceptive collection methods.
Key Regulations for Web Scraping in Vermont
- Computer Crime Statutes (13 V.S.A. § 4101–4107): Prohibits accessing computer systems without authorization, including circumventing technical barriers (e.g., CAPTCHAs or login walls). Violations may result in felony charges if data is obtained or altered.
- Vermont Data Privacy Act (Effective 2026): Requires controllers to disclose data collection purposes and obtain consent for scraping personal data. Exemptions apply to publicly available information, but controllers must document lawful bases under the law’s “privacy by design” provisions.
- Federal Copyright Law (17 U.S.C. § 101–1332): Scraping copyrighted content (e.g., paywalled articles) without permission may constitute infringement. Vermont courts defer to federal standards, as seen in Authors Guild v. Google (2013).
Critical Compliance Notes:
- Terms of Service (ToS) Violations: Vermont courts have not ruled on ToS enforcement, but federal rulings (e.g., Craigslist v. 3Taps) suggest scraping in violation of ToS may be actionable under the Computer Fraud and Abuse Act (CFAA).
- Minors’ Data: The Vermont Student Privacy Act (2023) restricts scraping educational data, requiring parental consent for minors under 18.
- Automated Tools: Use of bots or scrapers that overload servers may violate Vermont’s Unfair Trade Practices Act if deemed deceptive or harmful to competition.