Show HN: Instagram-scraper – Scrape instagram photos by tags, without API

as somebody that has fielded numerous emails from friends asking me to remove tagged photos of them from flickr, i sort of wonder about the ethics of harvesting these sorts of images from instagram, a community whose norms sort of revolve around semi-public sharing of photos. I don't doubt that there's some rationale for harvesting the images from ig, but aside from thumbing your nose at their TOS, it feels like it's a greater violation of trust to harvest your friends and strangers photos for an ML project without their informed consent.

at the very least, it's worth considering pointing your app's gaze at a set of images licensed for any purpose whatsoever rather than ones that are explicitly licensed All Rights Reserved by their respective photographers.

In terms of ethics I typically apply a sort of "try to be considerate" test. If I am doing personal, non-commercial scraping, only scraping public data, not releasing the data, using timer delays, respecting 429 codes, and not doing too much to mask my identity, and the servers I'm hitting are massive services handling multi-million user concurrency and I'm using a DigitalOcean droplet, then I'm not really a problem. And I trust their well paid sysadmins to block me or contact me if I am the problem. I do check robots.txt in advance. If there is one, it doesn't stop me, but it generally means I take extra precautions to avoid causing trouble for the service in question.

On the other hand, I once scraped the DPRK's English language press office as part of some research, and about two weeks later it became inaccessible from any country other than Japan, so I'm pretty sure I almost caused a diplomatic incident. Oops.

In this case, it's 40 lines of python code using a single threaded requests request, only scraping a single page, not doing any funny business with user agent spoofing, etc. I think you're right, it's probably not something Instagram wants to happen and theoretically I'm sure they could send a takedown, but I guess I have a pretty laissez-faire attitude about this: is it really a good use of their time to stop this guy?

That said, however, there's no straightforward way to work with Instagram. It's original APIs are both limited and locked down. The new Facebookified APIs are limited and next to impossible to work with (they are geared exclusively to ads/marketing). So ¯\_(ツ)_/¯

In a side project I use a library that effectively reverse-engineers Instagram's private API, pretends it's a user using a browser etc.

FB and LinkedIn both scrape contacts (and who knows what else), from their users email accounts (and surely lots of other darker sources as well). Pretty much all of Google's search engine's content is scraped from other websites.

There was an earlier case (I don’t recall the details) about scraping violating copyright, which might be a valid defense - that you’re engaged in unauthorized “copying” the (protected) source code (of the webpage), albeit momentarily, into your computer’s memory while your script processes it to extract the relevant contents. So even though it might be fine to copy the image/data/whatever else, you have no right to copy source code - which is certainly protected by copyright (your browser processing the same page is something the copyright owner explicitly allows, by virtue of making it available on the web). By that same token, it can also be considered illegal to save webpages on your harddisk. But do refer to the last sentence in my earlier paragraph.

The LinkedIn vs HiQ case is currently being appealed in the (court of appeals for the) 9th Circuit. Regardless of which way it rules, the decision of the 9th circuit only applies in its the states under its jurisdiction (maybe as a precedent in others, but it won’t be binding). It can still go to Supreme Court, depending on how determined the parties are.

There was a ruling in a different (but somewhat related case) in Jan 2018 that violating the ToS is not a crime https://www.eff.org/deeplinks/2018/01/ninth-circuit-doubles-... To quote: “[T]aking data using a method prohibited by the applicable terms of use”— i.e., scraping — “when the taking itself generally is permitted, does not violate” the state computer crime laws”.

There was a very long discussion on HN about scraping over a year back: https://news.ycombinator.com/item?id=13884357

Long story short I don't care about the "legality" of it. If it's publicly posted it's fair game. I don't care about tos or copyrights either. Everything is on the table.

I reversed engineered the API myself a couple of weeks ago which was great fun - especially figuring out Instagram's rate limits on interactions such as comments and likes per day/hr.

Thanks!