Yes, web scraping is generally legal in South Carolina, provided it complies with federal and state laws, including copyright statutes and the Computer Fraud and Abuse Act (CFAA). The state lacks specific statutes governing scraping, but courts apply federal precedents, such as hiQ Labs v. LinkedIn, which permit scraping publicly accessible data unless terms of service or technical barriers are circumvented. However, unauthorized scraping of personal or proprietary data may trigger liability under the South Carolina Uniform Trade Secrets Act (SCUTSA) or the South Carolina Consumer Protection Code.
Key Regulations for Web Scraping in South Carolina
- Copyright Law (17 U.S.C. § 101 et seq.): Scraping copyrighted content without permission violates federal law, particularly if the data is republished or monetized. South Carolina courts defer to federal interpretations, as seen in Ryanair DAC v. PR Aviation BV.
- Computer Fraud and Abuse Act (CFAA): Accessing a website in violation of its terms of service (e.g., automated scraping despite rate limits) may constitute unauthorized access under the CFAA, a federal statute enforced in South Carolina courts.
- South Carolina Uniform Trade Secrets Act (SCUTSA): Extracting proprietary business data (e.g., pricing models, customer lists) without authorization may result in civil liability under SCUTSA, which aligns with the federal Defend Trade Secrets Act.
Local Considerations: The South Carolina Attorney General’s Office has not issued formal guidance on web scraping, but it enforces consumer protection laws that could apply if scraping involves deceptive practices. Businesses should monitor updates to the 2026 South Carolina Data Privacy Act, which may introduce additional compliance obligations for data collection activities.