Screen scraping is an interesting topic. From what I understand, a ToS is technically a legally binding contract, but if you send a screen scraper from a server that you are not physically at, then it negates it. Also, as I understand it, there is some discrepancy over whether a ToS is truly legally binding.
Well, actually breaking a site's ToS and benefiting materially from it is now considered a Federal crime. Aaron Swartz is being charged by the Feds for just that. It didn't involve screen scraping but use of a bot to download data, even though he was entitled to download that data normally, just not using a bot.
This is not true. Aaron Swartz is being charged for distributing non-free content that he happened to obtain that way. You make it sound like he's being charged with a felony for scraping free content.
Like last year’s original grand jury indictment on four felony counts, (.pdf) the superseding indictment (.pdf) unveiled Thursday accuses Swartz of evading MIT’s attempts to kick his laptop off the network while downloading millions of documents from JSTOR, a not-for-profit company that provides searchable, digitized copies of academic journals that are normally inaccessible to the public.
In essence, many of the charges stem from Swartz allegedly breaching the terms of service agreement for those using the research service.
The case tests the reach of the Computer Fraud and Abuse Act, which was passed in 1984 to enhance the government’s ability to prosecute hackers who accessed computers to steal information or to disrupt or destroy computer functionality.
The government, however, has interpreted the anti-hacking provisions to include activities such as violating a website’s terms of service or a company’s computer usage policy
Hmm, since the case hasn't been concluded yet, does that mean that that is a valid thing to charge a person with?
Also, the part you quoted ends with:
> "The government, however, has interpreted the anti-hacking provisions to include activities such as violating a website’s terms of service or a company’s computer usage policy, a position a federal appeals court in April said means “millions of unsuspecting individuals would find that they are engaging in criminal conduct.” The 9th U.S. Circuit Court of Appeals, in limiting reach of the CFAA, said that violations of employee contract agreements and websites’ terms of service were better left to civil lawsuits."
Also of interest:
> The rulings by the 9th Circuit cover the West, and not Massachusetts, meaning they are not binding in Swartz’ prosecution. The Obama administration has declined to appeal the ruling to the Supreme Court.
He's exaggerating. Theoretically they could send the feds after you, but in practice it will never be done. Screen scraping and botting websites is widespread in the industry and has even been used by several startups featured on Hacker News.
