Also not relevant here because Padmapper was taking data from Craiglist (and presenting it in their own format), and copyright only covers creative works, not raw data. See Feist v. Rural and friends. This was a CFAA case.

If parent wanted to say that all publicly-accessible web pages should be considered legally scrapeable without triggering federal cybercrime legislation ... sure, I think that's a reasonable point of view, and roughly the EFF's point of view in this case. If, in the process of scraping and reusing data, you are infringing copyright (or breaking a civil contract, or whatever), that can be dealt with on its own, not by criminalizing the scraping.

That Feist v Rural case is interesting. The Feist Corp were not able to copyright telephone listings. I wonder if the telephone company itself could have laid claim to their copyright though.