Yes, web scraping is legal in North Carolina under federal and state law, provided it complies with copyright, contract, and privacy statutes. Courts generally uphold scraping as permissible data retrieval unless it violates terms of service, circumvents technical barriers, or misappropriates protected content. The North Carolina Attorney General’s Office has not issued state-specific anti-scraping laws, but businesses must align with evolving federal precedents, such as the 2023 HiQ Labs v. LinkedIn ruling, which limits scraping when it breaches access restrictions.
Key Regulations for Web Scraping in North Carolina
- Computer Fraud and Abuse Act (CFAA): Scraping data in violation of a website’s terms of service or after explicit revocation of access may constitute unauthorized access under 18 U.S.C. § 1030, a federal statute enforceable in North Carolina courts. Recent 2026 DOJ guidance emphasizes prosecutorial discretion against aggressive scraping tactics.
- Copyright Act (17 U.S.C. § 107): Extracting and republishing copyrighted material without permission risks infringement, particularly if the data is repurposed commercially. North Carolina’s Fair Use Doctrine mirrors federal standards, requiring transformative use or minimal harm to the market.
- North Carolina Unfair and Deceptive Trade Practices Act (N.C. Gen. Stat. § 75-1.1): Misrepresenting scraping activities as authorized access or harvesting personal data under false pretenses could trigger liability if it deceives consumers or competitors. The state’s 2025 amendments broaden enforcement against data misuse.
Businesses should audit scraping protocols against website robots.txt files, implement rate-limiting to avoid server disruption, and document compliance with data protection laws like the CCPA (applicable to North Carolina entities processing California residents’ data). Failure to adhere to these standards may result in cease-and-desist actions or civil litigation under state consumer protection frameworks.