As of 2015, nearly a quarter of all website visits are by data scrapers. Not only are the numbers even higher in some industries, they have likely increased. Given the enormous role scrapers play in internet traffic, it is critical to understand their role and the legal framework they operate in. This article—the first of a two-part series—explores the contours of scraping and the legal bases upon which parties have sought to stop scrapers.

What is Data Scraping?

Data scraping refers to the act of extracting large amounts of information from a website using automated software programs called “bots.”