The Supreme Court decision referenced in this decision involved a case where the information accessed was protected by a login and accessing the information violated the terms of service. The court ruled that is not a violation of the CFAA. I fail to see that it is therefore necessarily required that the page is not behind a login for scraping to be legal. There may be other issues regarding the type of information or repeatedly creating accounts to skirt account terminations which affect whether it is legal, but simply violating terms of service for accessing a page behind a login doesn't appear to make it illegal by itself.