Identification Of The Legitimacy Of Using Web Crawler Technology To Grab Other People’s Data

In recent years,China has experienced a rapid economic and social development.New commercial activities and business models have been coming into being constantly.A large number of new types of unfair competition behaviors have emerged and new situations and problems in the internet industry have become more prominent.Therefore,on 4 November 2017,at the thirtieth meeting of the standing Committee of the Twelfth National people’s Congress,the Anti-unfair Competition Law was amended and adopted,the first amendment since the enactment of the Law.It is worth noting that this revision uses the legislative model of "general provisions + specific enumeration" to regulate the growing unfair competition on the Internet,but unfortunately,the issue of unfair competition about data capture is not included in the Internet clause(art.12).Although it is not stipulated at the legislative level,the problem of unfair competition caused by data capture is an urgent problem.today,with the rapid development of information transmission and big data’s artificial intelligence,the use of Web crawler technology to data capture is an act that needs to be solved urgently.today,with the rapid development of information transmission and artificial intelligence,It has become a means for companies to compete for market resources and improve their competitive advantage.at the same tim e,it has become a means for companies to wantonly violate the interests of Internet operators,users,and even the public by using reptile technology.It has seriously violated the basic business ethics stipulated in Article 2 of the Anti-unfair Competition Law,and this behavior should be regulated by law.Based on this,this paper takes three typical cases: Baidu Company v.360 unfair Competition case,popular Point v.Baidu unfair Competition case and Shenzhen Gu Mi Technology v.Wuhan Yuanguang Science and Technology unfair Competition case as the breakthrough point.Taking the practical cases of data capture in domestic and foreign countries such as the United States,Germany and Belgium as a comparison,it is concluded that although the reptile protocol is the basic criterion of the Internet industry,But the conclusion that it still has no legal effect in the hearing of unfair competition cases,In addition,this paper also tries to find out the standards of the general constituent elements in the identification of the use of web crawler technology to grab the data of others at the legislative level when the specific rules are not clear.As well as in the judiciary,administration,law enforcement,industry,society and other aspects of the recommendations.To sum up,the regulation of the behavior of Internet enterprises using network crawler technology to grab other people’s data is not only the practical need to manage the increasingly fierce Internet capture behavior in the current society,but also to establish a sense of rules for the Internet industry.Rectify the chaos of the Internet industry and repair the need for a healthy competition mechanism in the Internet industry.