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Does LinkedIn allow web scraping?



Does LinkedIn allow web scraping?


A federal appellate court on Monday upheld the decision by a lower court judge who allowed a case against LinkedIn to proceed after ruling that "scraping" or collecting information about other people's public profile pages without their permission violates those users' right to privacy under California law.  The U.S. Court of Appeals for the 9th Circuit found in favor of HiQ Laboratories Inc., which was accused of violating LinkedIn's terms and conditions when its software downloaded publicly available data such as names, email addresses, and phone numbers from LinkedIn profiles. In doing so, the court said that HiQ violated LinkedIn's Terms of Service (ToS) agreement with its members -- even if they had not made any explicit statement to prohibit scraping.

LinkedIn filed an emergency motion with the Ninth Circuit on Friday night asking them to overturn the earlier rulings in order to protect its member’s “privacy rights." The appeal argued that allowing the case to go forward would set a dangerous precedent for companies like Facebook and Google to use similar methods to extract data from third-party websites. But the judges rejected that argument, noting that while LinkedIn has some legitimate reasons for wanting to prevent scraping, there are also many ways around that restriction and that LinkedIn could have easily prevented the problem instead of relying on the courts to police the issue.

"[T]he district court did not err in rejecting LinkedIn’s alternative arguments," wrote Judge Raymond Fisher. "LinkedIn may well believe that its ToS and Privacy Policy adequately address the concerns that motivate its request for injunctive relief, but we cannot say what the outcome might have been if these were the only two options before us."

The dispute between LinkedIn and HiQ dates back to 2012 when LinkedIn sued the startup over allegations that its web crawler program, known as ScraperWiki, illegally accessed the accounts of millions of LinkedIn members. At first, both sides settled out of court, agreeing to drop all litigation if HiQ agreed to remove the offending code from its site. When that didn't happen, however, LinkedIn asked a judge to hold HiQ liable for $100 million in damages. After years of legal wrangling, including multiple appeals and more than one hearing at the Supreme Court, a three-judge panel of the Ninth Circuit finally decided in February 2018 that LinkedIn wasn't entitled to monetary damages because no reasonable person would think that using automated tools to gather data from another website is illegal. That left open the question of whether HiQ should be held legally responsible for violating LinkedIn's terms and conditions.

On Tuesday, June 26, 2019, the full 9th Circuit issued an opinion upholding the previous decisions and ordering HiQ to pay up. While the appellate judges acknowledged that the original settlement agreement was valid, they noted that LinkedIn never formally revoked its consent to allow HiQ access to its database until months later. This means that the company still has standing to sue for violations of its TOS and P&P agreements. And since the initial settlement deal expired long ago, it's now time for the parties to start negotiating new terms. However, according to the 9th Circuit's opinion, the best way to resolve the current conflict is through a binding arbitration process rather than going straight to court.  That means that the two firms will now need to negotiate how much money HiQ owes LinkedIn and how much LinkedIn wants to be paid in return for letting HiQ continue accessing its database.

This isn't the last word on the matter, though. A separate suit brought against LinkedIn by a different tech firm called Appirio alleges that the social network's policies violate state laws regarding consumer protection and deceptive business practices. If either side wins in that case, the results could impact the fate of HiQ's pending appeal.

Can I be sued for web scraping?

In theory, yes. Under the Electronic Communications Privacy Act (ECPA), you can be prosecuted for unauthorized interception of electronic communications or theft of trade secrets, among other crimes. According to Section 2512(1)(a):

It shall not be unlawful... [t]o intercept or procure the same, or attempts thereof... except that whoever willfully uses any device described in subsection (3)... knowing that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire or oral communication... shall be fined under this title or imprisoned not more than five years, or both.

However, most states don't provide criminal penalties for simple acts of web scraping, although several jurisdictions do offer civil remedies for victims of improper online surveillance. For example, California law explicitly prohibits the willful "interception of electronic communications" unless done lawfully by a government agency.  Meanwhile, New York's penal code includes provisions prohibiting the intentional transmission of private information obtained through eavesdropping techniques.

Of course, these rules don't apply to cases where the victim consents to the activity. It's possible that LinkedIn could argue that it gave implied consent to HiQ's activities by signing onto its platform and providing its login credentials. Even then, though, it's hard to imagine that the company wouldn't want to keep its own employees safe from liability. As one expert explained to Wired, "I don't see why LinkedIn would want to risk having someone get into trouble for something like this."

No. There's nothing inherently wrong with scraping data from other sites and repurposing it for your own purposes, but there are plenty of exceptions. One common exception is the Fair Information Practice Principles (FIPPs). These guidelines help inform internet service providers and search engines about how they should handle requests for personal information. They include prohibitions against selling customer data and requiring customers to opt-out of targeted advertising programs.

Another important rule is FERPA, which forbids schools from disclosing student records without parental authorization. Many other federal agencies follow similar regulations. So does the European Union, which requires that EU citizens must give prior approval to organizations that collect sensitive data related to health care or education.

While the FIPPs are generally considered enforceable across national borders, FERPA doesn't apply outside the United States. Which means that, technically speaking, you're free to scrape data from US servers, but you'll probably face consequences if you try to sell the information elsewhere.

As far as employers are concerned, the National Labor Relations Board (NLRB) offers guidance on how to ensure that workers aren't being unfairly punished for engaging in protected labor organizing activities. Specifically, a union organizer can ask his employer to sign a non-compete clause that prevents him from working in industries regulated by the NLRB during the term of his employment contract. Such restrictions often require employers to grant access to confidential employee databases used for payroll processing and HR management systems.

If you work within the confines of a company's internal IT infrastructure and don't touch anything beyond the firewall, you shouldn't run afoul of any existing regulations. But once again, employers tend to frown upon employees taking advantage of loopholes in their own security measures -- especially when they put themselves at risk in the process.



How do I export saved jobs from LinkedIn?

You're not likely to find an easy way to transfer your LinkedIn account to another provider. After all, LinkedIn is owned by Microsoft and the company doesn't seem interested in creating a competing product anytime soon. Instead, you'll need to create a second account somewhere else and move everything manually.

For starters, you'll need to delete the old account by following the instructions here. Then, log in to the new account and head to Settings & More " Linkedin Account Info " Export Your Data. From there, select the checkbox next to "Export My Public Profile/Public Activity" and click Save Changes. Next, copy and paste the link to your exported file into a browser window. Once the page loads, just hit Ctrl + S to save the file locally. Finally, send yourself a message via Gmail to let you know where the file can be found. You can safely assume that LinkedIn won't be happy about losing its proprietary data, but they'll probably leave you alone otherwise.

A federal appeals court has ruled against LinkedIn and upheld the decision to award $1 million in damages for hiring a third party to collect information about users without their permission. The ruling could have far-reaching implications for companies who use web scraping software or services to gather data online.

The case revolves around an old issue with tech platforms: whether they can be held liable when someone uses it as intended, versus trying to make money off its popularity by using algorithms and other methods to find new ways to profit off your information. In this particular instance, LinkedIn was sued over allegations that the social network used an automated service called HiQ Labs to pull public profile data from people's accounts.

HiQ Labs claimed that it didn't violate any rules because it wasn't doing anything illegal and it had no reason to believe that anyone would think otherwise. But the plaintiff argued that even if it was OK to collect data like names, contact info, locations, and work history through such practices, LinkedIn still violated its terms of agreement which forbid the collection of personal information without consent.

This isn't the first time this argument has been made. It also happened back in 2016 when Facebook was found guilty of violating similar policies after Cambridge Analytica accessed millions of private profiles.

In a statement released Tuesday morning, LinkedIn said that it "appreciates" the Court’s opinion but will continue to defend itself vigorously." We are reviewing the full opinion and evaluating our options," the statement continued.

LinkedIn added that it believes the decision upholds the fundamental principle that individuals own their own content and control how others access and reuse it.

Lawyers involved in similar cases say there are many unanswered questions about what exactly web scraping means under U.S. law and what kinds of protections exist for consumers. And they're worried that the ruling could set precedent that opens up more loopholes for internet giants to exploit.

For example, if a website contains an API key, does that mean scraping apps aren't permitted unless the developer explicitly says so? What happens if a site doesn't provide one at all? Are developers required to know every single way to get to each page on the site? Do sites now need to include hyperlinks to every possible place where someone might want to extract data from them? If not, why shouldn't we be able to figure out how to take advantage of those APIs and automate how we interact with websites?

It's important to note that web scraping is different than hacking -- it involves collecting data that's already available elsewhere on the Internet, rather than stealing private information. Scraping is also distinct from deep linking, which refers to copying URLs into another webpage that redirects you directly to the original source. This kind of behavior violates Google's Webmaster Guidelines, though some exceptions may apply depending on context.

There's also a difference between scraping and crawling -- while both involve accessing pages on a website, scraping is done manually whereas crawling requires scripts that constantly check for changes. For example, you wouldn't expect YouTube to stop auto-scrolling videos if it were being crawled instead of scraped. Both technologies can help improve search results and are useful tools for journalists looking to quickly grab stories. However, scraping is often used illegally.

The legality of web scraping depends largely on the individual circumstances surrounding each situation. There are several factors to consider, including the type of data being collected, the purpose behind the activity, and whether or not the person performing the scraping knew that it was happening. Here's everything you should know about the basics of web scraping before proceeding.

Is scraping LinkedIn allowed?

Web scraping is technically allowed within guidelines, provided that certain conditions are met.

First, the data must come from publicly accessible sources and not require authorization. In most cases, this means that you don't need a login or password to view the site. And although you'll probably notice that some sites have security settings in place to prevent unauthorized access, these measures usually only cover the initial entry point (e.g., logging in) and not subsequent actions performed once you've gained access.

Second, scraping websites must adhere to applicable laws and regulations. Most countries have specific legislation regarding data protection, intellectual property rights, copyright, and privacy. For example, in the United States, the Electronic Communications Privacy Act of 1986 governs digital communications and establishes requirements for obtaining customer consent prior to engaging in electronic surveillance. Similar laws exist in Canada, Australia, New Zealand, Ireland, India, Pakistan, South Africa, Singapore, and the European Union.

Lastly, the technology employed during the process needs to be transparent to avoid issues related to consumer trust. Some examples of transparency include providing clear instructions for how to opt out of targeted advertising campaigns, making sure that all parties working together understand the scope of the project, and clearly disclosing the fact that the tool is designed to harvest data.

Are data scraping legal?

As mentioned above, the legality of web scraping depends on several unique variables. One factor worth considering is whether or not the company offering the product actually owns the data. Although many large corporations rely on external contractors to perform tasks ranging from IT support to graphic design, the same cannot necessarily be said for smaller businesses. These types of organizations generally possess limited resources and therefore may hire freelancers to complete various projects.

If the contractor is hired to build a custom app or program then he or she likely holds ownership rights to the code and data produced. On the other hand, if the contractor is contracted to simply gather data from existing systems then he or she typically won't hold any formal ownership rights.

Another common misconception is that if the company isn't selling the data, it must be completely free for everyone to use. Companies frequently sell aggregated datasets that contain anonymized details, but in order to retrieve information about individual customers, the buyer must pay additional fees. Depending on the size of the dataset, these costs can range anywhere from hundreds to thousands of dollars per month.

Finally, it's crucial to remember that web scraping comes with inherent risks. While scraping allows researchers to explore previously inaccessible portions of the web, it can also lead to unexpected consequences. For example, if you accidentally scrape private email addresses, then you run the risk of receiving unsolicited messages via email or phone calls. Similarly, if the data includes financial records, you could face unwanted tax audits or other liabilities if authorities discover discrepancies.

How do you web scrape a job on LinkedIn?

So, let's say I'm interested in learning more about programming. I go onto LinkedIn, click on the Careers link, select Programming Jobs, and start browsing the list of openings based on my skillset. After finding something interesting, I decide to pursue it further by clicking on the Apply Now button. At this point, however, I'd better hope that LinkedIn isn't scraping my application!

That's because LinkedIn currently offers two separate applications for recruiting purposes: Recruiterbox and Jobvite. Each platform provides its own interface for applicants to fill out forms and upload documents. As a result, there's no guarantee that you'll see your resume appear on either of them.

However, it's quite easy to verify whether or not a candidate's information has been captured by LinkedIn. You just need to look for the URL ending in /recruitment/jobviewer/. That string indicates that the system has scanned your application and uploaded it to the database. Likewise, if you receive a message asking you to submit a copy of your CV, then you can safely assume that your resume has been pulled from LinkedIn.

To learn more about web scraping and the potential dangers associated with it, read How To Get Rid Of A Website Scanner With An IP Block.

A federal judge has ruled against LinkedIn's attempts to block the use of its platform by companies who want to gather information about people using their services. The ruling came on Monday morning after an appeal was filed by HiQ Lab's CEO, Andrew Chen, and his team.

The case, which started back in 2015, revolves around whether or not it's OK to "web scrape" LinkedIn profiles without first getting explicit consent from users (or at least informing them they're being collected). This decision could have major implications for all kinds of businesses that rely on collecting public profile info online -- including but not limited to those who work in sales and marketing.

Chen says he made it clear when working with prospective clients before starting his business that he would be gathering data from LinkedIn profiles as part of the service he offered. But some customers were worried about what kind of personal info might be available through the site. And so Chen sued LinkedIn over what he calls 'implicit' permissions granted by the website.

LinkedIn argued that there are plenty of ways to collect information about someone else besides scraping their account. That includes direct contact, like asking someone if they'd mind sharing their name or email address, or even just going off your gut feeling about how much trust you should place in someone. As long as you don't take any steps beyond these boundaries, LinkedIn said, then it doesn't matter if you go straight to their profiles and start clicking away.

But Judge Richard Sullivan disagreed, saying that since there's no way to verify whether one person really did give implied consent to having their details scraped, it's up to each user to decide if they want to let companies do this. In other words, unless a person gives specific written approval for something, then they can't claim to have given implicit permission to anyone doing anything related to their profile.

This means that companies will now be able to scrape publicly accessible data from LinkedIn accounts without needing to ask prior permission from members. It also means that LinkedIn itself won't be able to stop people from scraping public profiles either, though it probably won't make any effort to actively track down people who've been caught breaking their terms of service.

Is web scraping LinkedIn legal?

It turns out that web scraping isn't illegal per se. According to the US Digital Millennium Copyright Act, copyright law only protects content that's uploaded onto websites, rather than downloaded from them. So while the act may prohibit you from copying and distributing copyrighted material, it does nothing to prevent you from downloading data from sites like Facebook and Twitter.

That said, web scraping is still frowned upon among many developers because it often involves hacking into private databases and accessing sensitive customer data. Some tech firms have taken action to try and limit the amount of data that gets stolen in this manner. For example, Google requires developers who run apps powered by its APIs to sign agreements that explicitly forbid web scraping.

And although most big tech players haven't cracked down too hard on web scraping (Facebook, for instance, allows third-party applications to access data), smaller startups sometimes find themselves unable to compete due to lack of resources. This is especially true if they offer paid products instead of free ones.

In fact, some experts say that web scraping makes hiring easier for small businesses. If you're looking for a new employee, you can simply use a tool like HireVue, which scopes out potential candidates based on criteria you set. But if you wanted to filter out unqualified candidates before making an appointment, you'd have to waste time manually searching resumes yourself. Web scraping lets you automate this process entirely.

Can you get a job with web scraping?

If you plan on starting a career as a software developer, it's likely that you'll come across tools such as Scrapy and Selenium that help automate tasks that require lots of clicks and mouse movements. These programs usually involve crawling pages and extracting text from images, videos, PDF files, etc., so it shouldn't surprise us that they're used quite frequently in IT departments.

As far as the legality goes, there aren't any laws preventing you from building an app that uses web scraping. However, if you intend to sell the product to others, you'll need to acquire licenses for every piece of code that contains parts of another program. You can read more about licensing requirements here.

Another thing to keep in mind is that web scraping is often done under the guise of research. A lot of academic papers cite external sources of information that they couldn't have accessed otherwise. While you certainly wouldn't break any laws by citing someone else's paper, this approach raises questions about ethics. After all, when researchers conduct studies involving human subjects, ethical guidelines exist to protect participants. They include rules prohibiting doctors from taking blood samples from patients without telling them why they're doing this.



Do you need permission for web scraping?

There's actually a whole class of cases where web scraping comes up regularly. One common scenario occurs when a company wants to create a database containing records from multiple platforms. For example, imagine that you own a car dealership and you want to build a system that keeps tabs on everything happening within your store. To accomplish this goal, you'd need to crawl eBay, Craigslist, local news reports, and social media posts to figure out what people are talking about.

These are all examples of scenarios where web scraping seems like a great idea. There are countless situations where the same problem arises and we tend to solve it by creating automated processes. When it comes to web scraping however, things become trickier.  Because you're basically trying to hack into someone else's computer, ethical concerns arise.

For example, you might think that this is okay if you only scrape public forums, search results, and similar places. But what happens when you start scraping internal systems like HR departments, customer support teams, and customer satisfaction surveys? Do you cross the line between being helpful and being creepy? Is it reasonable to expect employees to hand over confidential documents just so you can save hours of tedious manual labor? Or is it better to spend those hours improving your product instead?

Companies generally agree that web scraping is fine as long as you're not stealing intellectual property rights or violating someone's privacy. On top of that, you mustn't harm the reputation of the organization whose data you're scraping.  So, for example, if you found a bug in a bank's financial statement, you wouldn't be allowed to reveal this until the issue had been resolved.

However, some companies argue that web scraping violates their Terms of Service because they believe that it's akin to unauthorized spying. Others see it more as a form of reverse engineering, meaning that they feel that it's unethical to copy proprietary technology. Still others view it as theft of trade secrets.

The bottom line is that there are no firm regulations that govern web scraping. Companies typically respond to requests differently depending on the circumstances. Sometimes they grant blanket approval, while other times they refuse to provide data altogether. Generally speaking, it's best to talk to a lawyer about the specifics of your situation before proceeding further.

Does LinkedIn web scraping policy change?

On Wednesday afternoon, LinkedIn released a blog post announcing that it plans to update its policies regarding web scraping. The company wrote:


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