18 U.S.C §2511 was modified in 1986 to include electronic communications and when coupled with “aural or other” removes the contemporaneous aspect completely.

18 U.S.C §2511(1)(C) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;

There is an exception, 18 U.S.C §2511(2)(g)(i), for when the public is allowed to access the electronic communications. Any public allowance makes “scraping” legal for uninvited spiders.

When the general public is not allowed to access parts of a website and only authenticated logged-on users are allowed access, “scraping” is immediately criminal and the FCC duty is NOW to protect the public against this unsafe crime in interstate and worldwide wire/radio communications used in commerce.

These laws are very clear and 47 U.S.C §230 does not excuse this crime but might the trespassing on chattels or violations of fundamental Ninth Amendment rights to control original creations or speech. Exclusive free-speech control has been protected in Europe since 1734 but is not yet evn recognized in “America“.

This fact should be as unbelievably obvious to Honorable James B. Loken,
Honorable Lavenski R. Smith, and Honorable William D. Benton of the Eighth Circuit Panel as these facts are to most U.S. citizens reading these laws today.

The rule of law either applies in America or does not. I am afraid the rule of law has not been absolute for hundreds of years in “America”

http://theendofpornbywire.org/PETITION-FOR-REHEARING-SEEKING-EN-BANC-HEARING.html#01.