Yes, web scraping is legal in Maryland if conducted without violating federal or state laws, but compliance with data protection, anti-hacking, and contractual obligations is mandatory. The Maryland Consumer Protection Act and federal statutes like the Computer Fraud and Abuse Act (CFAA) impose restrictions, while local 2026 privacy regulations may further tighten requirements for data handlers.
Key Regulations for Web Scraping in Maryland
- Computer Fraud and Abuse Act (CFAA): Prohibits unauthorized access to computer systems, including bypassing CAPTCHAs or scraping data from sites with explicit anti-scraping measures. Violations may trigger civil or criminal penalties under Maryland’s Maryland Code, Criminal Law § 8-101 et seq.
- Maryland Personal Information Protection Act (PIPA): Mandates safeguards for scraped personal data, requiring encryption, breach notifications, and adherence to the 2026 amendments expanding protections for biometric and geolocation data.
- Terms of Service (ToS) Violations: Courts in Maryland (e.g., hiQ Labs v. LinkedIn, 2019) have ruled that violating a website’s ToS may constitute unauthorized access under CFAA, risking injunctions or damages. Scrapers must review ToS for prohibitions on automated data extraction.
Additional Considerations:
- Copyright Law: Scraping copyrighted content without permission may violate 17 U.S.C. § 106, especially if republished or monetized. Maryland courts defer to federal standards in such disputes.
- Public Record Exceptions: Data from government websites (e.g., Maryland Open Data Portal) may be scrapable under the Maryland Public Information Act, but derived datasets could face redaction requirements.
- Industry-Specific Rules: Healthcare (HIPAA) and financial (GLBA) scrapers must ensure compliance with sectoral laws, as Maryland enforces these via the Maryland Health Care Commission and Office of the Commissioner of Financial Regulation.