Yes, web scraping is legal in Washington if it complies with federal and state laws, including the Computer Fraud and Abuse Act (CFAA) and Washington’s Uniform Computer Information Transactions Act (UCITA). Courts generally permit scraping public data unless it violates terms of service, copyright, or privacy statutes. Recent 2026 amendments to Washington’s data privacy laws (RCW 19.255) impose stricter controls on automated data collection, requiring transparency and opt-out mechanisms for scraped personal data.
Key Regulations for Web Scraping in Washington
- CFAA Compliance: Scraping data from protected systems without authorization risks liability under 18 U.S.C. § 1030, as affirmed in hiQ Labs v. LinkedIn (2019). Washington courts defer to federal precedent, emphasizing that bypassing technical barriers (e.g., CAPTCHAs) may constitute unauthorized access.
- UCITA Restrictions: Washington’s UCITA (RCW 62A.11) voids scraping contracts if terms prohibit automated data extraction, particularly for commercial use. Violations may trigger injunctions or statutory damages under RCW 62A.11.030.
- 2026 Privacy Amendments: Updates to RCW 19.255 mandate that scrapers disclose data collection purposes and honor opt-out requests for personal information. Non-compliance may result in civil penalties up to $7,500 per violation, as outlined in the Washington Privacy Act’s 2026 revisions.
Practical Considerations:
- Public vs. Private Data: Scraping publicly accessible data (e.g., government portals) is low-risk, but private databases (e.g., healthcare records under HIPAA) are strictly off-limits.
- Terms of Service: Violating a website’s robots.txt or scraping despite explicit prohibitions can lead to tortious interference claims under Washington’s common law.
- Copyright Law: Reproducing scraped content without permission may infringe under 17 U.S.C. § 106, especially for creative works or proprietary datasets.