[cookiecaper]

I wouldn't say completely split. I think most of HN considers the current state of scraping law to be complete and utter hogwash. Many of the expected consumer rights don't apply online because of the way the law considers normal communication with a server on the internet an excursion onto private property.

We need a modern law addressing these issues instead of the pre-Internet CFAA. Malicious actors should still be punished, and it may be reasonable to still allow a provision for the civil liability (not criminal) of large-scale accidental DoS from poorly-implemented scrapers, but users should be free to choose their own browsing devices -- even if those browsing devices are highly optimized to extract only the specific pieces of data that the user cares about.

This law should also clarify that normal communication over HTTP cannot be punished unless the plaintiff can demonstrate real and serious interruption to their services, that local RAM copies that are never externally transmitted cannot be considered infringing in themselves, that hosting a site on the internet grants an implied copyright license to read and access its content with any HTTP-capable client, and that browsewrap/clickwrap contracts are unenforceable unless the user undertakes a significant relationship with the company, among other things.