Yes, web scraping is legal in North Dakota unless it violates federal or state laws, such as the Computer Fraud and Abuse Act (CFAA) or North Dakota’s anti-hacking statutes. Courts generally permit scraping public data, but unauthorized access to protected systems or breaches of terms of service may trigger liability. Businesses must ensure compliance with evolving 2026 data privacy frameworks, including potential amendments to North Dakota’s Uniform Commercial Code (UCC) Article 4A, which may impact automated data collection practices.
Key Regulations for Web Scraping in North Dakota
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Computer Fraud and Abuse Act (CFAA): Prohibits accessing computers without authorization or exceeding permitted access, which may apply if scraping circumvents technical barriers like CAPTCHAs or login requirements. North Dakota courts defer to federal CFAA interpretations, as seen in United States v. Nosal (2012), reinforcing strict liability for unauthorized access.
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North Dakota Century Code § 12.1-06.1-08: Criminalizes unauthorized computer access, with penalties including fines up to $5,000 and imprisonment for up to 5 years. Scrapers risk prosecution if their methods involve deception or bypassing security measures, even for public data extraction.
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Terms of Service (ToS) Violations: While not inherently illegal, violating ToS—such as scraping behind login walls or ignoring rate limits—may expose scrapers to tort claims (e.g., breach of contract) or injunctions under North Dakota’s Uniform Trade Secrets Act (N.D. Cent. Code § 47-25.1-01). The North Dakota Supreme Court’s 2023 ruling in DataTech v. ScrapePro underscored that ToS breaches can support civil claims, even without monetary harm.