LinkedIn scraping refers to the automated collection of data from LinkedIn profiles and company pages. This data may include information like names, job titles, companies, skills, locations, and more. The data is then used for various purposes like recruitment, sales prospecting, marketing research, etc.
While scraping public data isn’t illegal per se, how the data is collected and used does raise some legal issues. In this article, we’ll look at:
- What is LinkedIn scraping?
- Is scraping LinkedIn legal?
- LinkedIn’s terms of service and stance on scraping
- The legality of scraping for different use cases
- Best practices for ethical and legal scraping
What is LinkedIn Scraping?
LinkedIn scraping refers to the automated collection of data from LinkedIn. This is done by using software programs called web scrapers that can rapidly extract information from LinkedIn pages.
Here are some of the main methods used:
Profile scraping
This involves extracting data from individual member profiles on LinkedIn. The data collected usually includes information like:
- Name
- Job title & company
- Location
- Skills
- Education
- Profile photo
- Contact info if available publicly
Profile scrapers gather this data for all connections and search results matching given criteria like title, company, skills, etc.
Company page scraping
Company page scrapers extract data from LinkedIn company pages. This includes info like:
- Company name, description & industry
- Employee headcount
- Location
- List of employees and their roles
- Company updates
This data helps create accurate company databases and employee directories.
Job posting scraping
Job posting scrapers collect and compile listings from the LinkedIn jobs portal. They extract details like:
- Job title and description
- Salary
- Skills required
- Qualifications
- Location
- Company name and details
This helps recruiters source candidates proactively.
Group scraping
Scraping LinkedIn groups involves extracting data about group members as well as group discussions. The information collected includes:
- Member names, job titles and locations
- Group statistics like member count
- Discussion posts and comments
Marketers use this data for lead generation and audience research.
So in summary, LinkedIn scrapers allow the automated gathering of profile data, company information, job postings, and group content. This data can then be compiled into leads lists, recruitment databases, and marketing insights.
Is Scraping LinkedIn Legal?
Whether LinkedIn scraping is legal or not depends on how the data is collected and used. Let’s look at some key factors:
LinkedIn’s Terms of Service
LinkedIn’s user agreement explicitly prohibits scraping in section 8.2:
“You agree that you will not engage in any of the following prohibited activities: (a) copying, modifying, or distributing any LinkedIn Content, except as expressly authorized by LinkedIn; (b) reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for the Services or any related technology that is not open source; (c) accessing or using the Services through automated means, including through the use of bots, spiders, robots, crawlers, scrapers, or other automated means, except in the case of public search engines; or (d) attempting to access or actually accessing the Services by any means other than through the interface provided by LinkedIn.”
So per LinkedIn’s terms, scrapers that access their content via automated bots or scripts are prohibited. Manually viewing and collecting data may be acceptable.
The Computer Fraud and Abuse Act
The Computer Fraud and Abuse Act (CFAA) prohibits accessing a computer without authorization or exceeding authorized access. Scrapers that access private LinkedIn data or evade security measures may violate the CFAA.
State Laws
Several states like California and Virginia have laws against unauthorized data scraping. These may apply if the target or scraper is based in these states.
The Digital Millennium Copyright Act (DMCA)
The DMCA prohibits circumventing technological measures that control access to copyrighted works. Scraping data from access-controlled portions of LinkedIn may infringe the DMCA.
LinkedIn’s Cease-and-Desist Notices
LinkedIn actively monitors scraping activity and frequently issues cease-and-desist letters to scrapers violating their terms. Ignoring these notices compounds the legal risks.
So in summary, scraping public LinkedIn data in unauthorized, deceptive, or abusive ways contravenes both LinkedIn’s terms and several laws. However, collecting public information manually without violating terms of use or access restrictions may be permissible.
Scraping for Different Use Cases
The legality also depends on how the LinkedIn data is ultimately used. Here are some common scenarios:
Recruitment
Many recruiters use scrapers to source candidates from LinkedIn. This is usually illegal as it breaches LinkedIn’s terms. Recruiters should use LinkedIn’s Recruiter product to avoid legal trouble.
Sales Prospecting
Sales teams often scrape LinkedIn to generate leads. Again, this violates the terms and raises legal risk without consent. The Sales Navigator product is the compliant alternative.
Marketing Research
Scraping to understand audience demographics may be legally ambiguous. While generally not advisable, it depends on factors like data privacy and the specific techniques used.
Competitive Intelligence
Companies may scrape competitors to benchmark their team and identify talent. This is illegal without approval given the anti-competitive and privacy concerns.
Building Directories
Some scrapers compile employee directories or marketing databases for commercial sale. LinkedIn specifically prohibits this use of their data.
News Reporting and Research
Journalists and academics may scrape for stories or research on a limited scale. This may be permissible given fair use exemptions for public interest purposes. But blanket scraping still raises concerns.
In summary, most commercial scraping use cases violate LinkedIn’s terms or other laws. Some non-commercial purposes like journalism and research may warrant an exception depending on the specifics and scale. But all scrapers tread on thin ice without explicit authorization.
Best Practices for Legal Scraping
If you do choose to collect data from LinkedIn, here are some tips to mitigate legal risk:
- Review the terms of service and only scrape non-private, public information
- Avoid circumventing technical barriers or using automation
- Minimize the impact by scraping sparingly and staggering activity
- Do not republish scraped data or sell it commercially
- Consider getting consent from members before scraping their profiles
- Transparently identify yourself as a scraper to LinkedIn
- Consult qualified legal counsel to understand data privacy expectations
- Promptly stop scraping upon receipt of a cease-and-desist letter
But overall, refrain from mass scraping of LinkedIn without authorization to steer clear of legal trouble. Consider using LinkedIn’s official data products designed for purposes like recruitment, sales and marketing instead.
Conclusion
In summary, scraping LinkedIn data without permission raises concerns under both their terms of service and laws like the CFAA, copyright law and state statutes. While freely viewing public profiles is acceptable, bulk automated scraping is prohibited. And commercial uses of LinkedIn data like prospecting, recruitment and competitive intelligence often violate both terms and expectation of privacy. Scrapers should carefully evaluate their approach, scale and use cases to mitigate legal risk. But unless you get explicit consent, scraping LinkedIn broadly and without consideration puts you in questionable legal territory.