[btown]

Not a lawyer, but is it at least true that web scraping alone would now be significantly less likely to be a basis for federal criminal prosecution under the CFAA?

I'm often reminded of the fact that in https://en.wikipedia.org/wiki/United_States_v._Swartz the scraped party JSTOR did not desire to press civil charges, but due to the criminal component of the CFAA, this was out of their hands - and the story ended in the worst possible way.

If the current legal landscape at least better restricts disputes over web scraping to civil litigation, it may not be a huge change for how companies look at their risks, but it could make a huge difference for individuals caught in the crossfire.

[KieranMac]

Yes, I would agree with that first sentence. After Van Buren, web scraping alone would now be significantly less likely to be a basis for federal criminal prosecution under the CFAA.