Yes, web scraping is generally legal in Wisconsin, provided it complies with federal and state laws, including Wisconsin’s data privacy statutes and the Computer Fraud and Abuse Act (CFAA). Courts in Wisconsin have not imposed unique restrictions beyond federal precedents, but adherence to terms of service and anti-hacking laws remains critical.
Key Regulations for Web Scraping in Wisconsin
- Computer Fraud and Abuse Act (CFAA): Wisconsin courts interpret this federal law strictly; unauthorized access to protected data, even via automated scraping, may trigger liability under 18 U.S.C. § 1030.
- Wisconsin Data Privacy Statutes: While no state-specific scraping laws exist, Wisconsin’s Personal Information Protection Act (PIPA) and breach notification rules (Wis. Stat. § 134.98) indirectly regulate the handling of scraped data containing personal identifiers.
- Terms of Service (ToS) Violations: Wisconsin businesses enforcing ToS prohibitions against scraping (e.g., LinkedIn v. hiQ Labs precedent) may pursue claims under breach of contract or tortious interference, particularly if scraping disrupts services.
Practical Compliance Considerations
Wisconsin’s 2026 legislative session may introduce amendments to PIPA or digital privacy laws, potentially expanding restrictions on automated data collection. Entities should monitor updates from the Wisconsin Department of Justice (DOJ) and the Wisconsin Legislative Reference Bureau for emerging guidance. Scrapers must avoid circumventing technical barriers (e.g., CAPTCHAs, IP bans) and ensure compliance with the General Data Protection Regulation (GDPR) if processing EU resident data. Consulting local counsel is advisable to align with evolving judicial interpretations, such as those in the Sandvig v. Barr (2020) ruling, which upheld CFAA limitations on data scraping.