Legal Regulation Of Network Bundling

Network bundling behavior is a common behavior in network space where network service providers provide users with network service providers.In order to obtain more economic benefits,network service providers realize the realization of traffic by obtaining more user traffic.In the cyberspace,user usage has become the key to competition among service providers.Network bundling is a means for service providers to compete for user usage.Network bundling is not only a means of competition among service providers,but also deprives users of their right to choose and know,and uses technical means to "control" users' behavior in cyberspace.The service provider's control of user behavior based on the technology it possesses reflects the service provider's technical power relative to the users of other network participants.The first chapter of the main body defines the network bundling behavior by summarizing and analyzing the cases involving the network bundling behavior.Network bundling is a collective concept.It is the act of service providers using technical means to bundle two or more network services to users,which limits the user's right to choose and know to a certain extent.Through the induction of related cases,the network bundling behavior can be classified into types,which can be divided into software bundling installation behavior,link bundling behavior,data bundling behavior and function bundling behavior.In the face of network bundling,as ordinary users can only choose to accept or quit,service providers affect other users' habits of using the network by bundling other services,or even collect user data privately,which is a"technical bullying" for users.The second chapter mainly analyzes the causes of the network bundling behavior.The network bundling behavior occurs in a specific space-the network space.The control of the network bundling behavior to users is also based on a specific means-network technology.The service provider's bundling behavior is inseparable from technical support,and the technical characteristics of the cyberspace enable the service provider's network bundling behavior to be implemented.Service provider technology Network technology can control the behavior that affects users,causing a digital divide between service providers and users.This leads to the unequal power between the service provider and the user in the network space,and the service provider's performance based on the technical power of the technology.The third chapter mainly analyzes the legal regulation of network bundling behavior.Through the discussion in the first chapter,it can be seen that network bundling mainly involves illegal control,destruction of computer information systems,unfair competition,and violations of administrative regulations and departmental regulations.The act of the service provider bundling other services and forcing users to accept it is an illegal control of the user's computer information system.Bundling malicious code has destroyed the user's computer information system.The most fundamental purpose of network bundling is the competitive behavior of service providers competing for user traffic,and most of the related cases involved are unfair competition litigation between service providers.Service providers use technical means to hinder and disrupt the normal operation of other service providers and constitute unfair competition.Administrative regulations and departmental regulations have detailed regulations on the behavior of service providers in cyberspace.Service providers illegally bundling other services will be punished by administrative agencies.The fourth chapter mainly analyzes the inadequacies of legal regulations.For the insufficiency of user rights and interests protection,it is the users who receive services that directly damage the rights and interests of the network bundling between service providers,but the user's judicial relief is difficult to achieve.The court has great discretion on the illegal determination of network bundling,and the regulation of network bundling is scattered among different laws,administrative regulations,and departmental rules.The above deficiencies are because the law does not regulate the technical power of service providers,but rather regulates the objective behavior of service providers using technical means.Therefore,the regulation of network bundling behavior cannot ignore technical power.The last chapter mainly discusses the perfection of the legal regulation of network bundling behavior.Facing the regulation of technological power,regulation should be carried out through the combination of technical means and legal means.Technical means is the most direct regulation of technology,but technology is in the hands of service providers,and it inevitably has self-preference.Therefore,it is necessary to use laws to regulate technical power,clarify the boundaries of technical power through law,and set service provider responsibilities through law.Legal principles can be used to establish standards for the abuse of technological power and to regulate the behavior of service providers from the perspective of technological power.Through legal principles,make up for the lag of the law,and respond flexibly to the new abuse of technological power caused by the continuous innovation of network technology.