Is Web Scraping Legal in Colorado After the 2026 Law Changes?

Yes, web scraping is legal in Colorado if conducted without violating federal or state laws, but strict adherence to copyright, anti-hacking statutes, and consumer protection rules is mandatory. Colorado’s 2026 amendments to the Consumer Protection Act (C.R.S. § 6-1-105) now impose heightened scrutiny on automated data collection, particularly when scraping personal or proprietary data. Businesses must ensure compliance with the Computer Crime Law (C.R.S. § 18-5.5-102) to avoid unauthorized access claims, while the Colorado Privacy Act (C.R.S. § 6-1-1304) may restrict scraping of personal data without explicit consent.

Key Regulations for Web Scraping in Colorado

  • Copyright Compliance: Scraping copyrighted content without permission violates the Digital Millennium Copyright Act (17 U.S.C. § 1201) and Colorado’s Uniform Trade Secrets Act (C.R.S. § 7-74-101), risking civil penalties up to $500,000 per violation.
  • Anti-Hacking Laws: The Computer Crime Law prohibits accessing systems without authorization (C.R.S. § 18-5.5-102), including bypassing CAPTCHAs or exploiting vulnerabilities to scrape data.
  • Data Privacy Restrictions: Under the Colorado Privacy Act (effective 2026), scraping personal data without a “legitimate interest” or consumer consent may trigger enforcement by the Colorado Attorney General’s Office, with fines up to $20,000 per violation.

Businesses must also comply with the Federal Trade Commission Act (15 U.S.C. § 45) when scraping consumer data, as deceptive practices (e.g., misrepresenting data use) could lead to investigations. Always review a website’s robots.txt and Terms of Service, as Colorado courts have upheld contractual restrictions on scraping as enforceable under contract law.