Yes, web scraping is generally legal in Tennessee, provided it complies with federal and state laws, including the Computer Fraud and Abuse Act (CFAA) and the Tennessee Personal and Commercial Information Protection Act (TPIPA). Scrapers must avoid unauthorized access, respect website terms of service, and adhere to data privacy regulations.
Key Regulations for Web Scraping in Tennessee
- Computer Fraud and Abuse Act (CFAA): Prohibits accessing computer systems without authorization or exceeding authorized access. Tennessee courts have applied this to web scraping cases where scrapers bypass technical barriers (e.g., CAPTCHAs, login walls).
- Tennessee Personal and Commercial Information Protection Act (TPIPA, effective 2026): Mandates strict handling of personal data collected via scraping. Entities must implement safeguards, disclose data use, and allow opt-outs for Tennessee residents.
- Website Terms of Service (ToS): Violating ToS—such as scraping despite explicit prohibitions—can constitute breach of contract. Tennessee’s 2023 Hosch v. Quest Diagnostics ruling reinforced that ToS violations may support CFAA claims.
Additional considerations include the Fair Credit Reporting Act (FCRA) if scraped data is used for consumer reports, and copyright law if content is republished without permission. The Tennessee Attorney General’s 2024 guidance emphasizes that automated scraping without express consent risks enforcement under consumer protection statutes. Always audit compliance with the Tennessee Data Transparency and Privacy Act (pending 2026) to avoid penalties.