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Meta’s new commercial terms will allow the scraping of news sites, legal experts say | Nieman Journalism Lab
Meta can use web scrapers to crawl and collect content from websites “associated with” business accounts on its platforms, according to its new commercial terms of use.<p>The update, set to go into effect on October 30, will include news publishers with business accounts. These accounts allow companies or public figures to manage Facebook pages, Messenger accounts, Instagram profiles, or WhatsApp channels from one place. While journalism isn’t the only industry that will be affected by this update, virtually every news organization has at least one Meta business account, including Nieman Lab.<p>The new terms broadly cover business accounts that manage pages and groups, run advertisements, push marketing messages, and use the platform’s business account dashboard. As written, the new terms could be used to argue that Meta can scrape content from news sites and use that content to train the company’s AI products, according to three legal experts who reviewed the terms at Nieman Lab’s request.<p>“This is a remarkable provision to bury in [the] terms of service, given that this would give Meta access to material that would likely cost many millions of dollars in a licensing market,” said Matt Topic, a media and intellectual property attorney at Loevy & Loevy. “It’s not clear whether a court would enforce this, but publishers should assume that it would be enforceable.”<p>In early October, Meta alerted users to the update in a blog post and on the Meta Business Suite. The updated terms explicitly state that Meta can use the content it collects from associated websites to “train” Meta products. Elsewhere in its terms of service, the company defines “AI at Meta” as one of those products.<p>Here’s the new language about scraping in full:<p>You authorize us (or any entity acting on our behalf) to use automated software (such as web scrapers, bots, robots, spiders, crawlers, and user agents) and create test credentials to access, index, cache, analyze, collect, retrieve, or crawl the domains, web pages, or URLs (and any content available through them) that are associated with your products or services, or that are made available through your or users’ use of Meta Company Products and services, and to periodically pull updates from such domains, web pages, or URLs. Meta may use any content from such domains, web pages, or URLs to provide, develop, improve, research, train, and maintain the integrity of, the Meta Company Products, services, and features provided under these Commercial …