The Research Into Criminal Regulation Of Web Crawling

In the era of big data,web crawler,as the basic technology of data crawling,has been deeply used in various fields of the Internet.At the same time,the criminal risks caused by the alienation of web crawler in the process of using emerge in endlessly,which is mainly reflected in hindering the normal operation of the web server itself,destroying the integrity of the data system,and infringing the data itself and the data content it represents.However,contrary to the current situation that the scope of network crawler radiation is more extensive and the use of it is more frequent,there are fewer criminal cases related to network crawler,and robots’ protocol as a soft rule to regulate network crawler and anticrawler means as a hard measure have a prominent impact on conviction.Throughout the criminal law regulation of Internet crawler,it is not difficult to find that there are many problems in the current judicial practice:Firstly,based on the contradiction between the pursuit of the value of data freedom and the protection of legal interests by criminal law,the necessity of the criminal law regulation of web crawler is still in doubt;secondly,the criminal standard of the criminal law regulation of web crawler is vague,and the identification of criminal illegality is unclear;thirdly,the accusation of web crawler behavior is too pocket oriented,the boundary between this crime and that crime is fuzzy,and the path of criminal law system is different.The causes of this phenomenon are analyzed which lies in the vague position of criminal law regulation,the confusion of regulation objects,the unclear legal interest of regulation and the lack of pre-regulation.In order to further regulate the criminal law regulation of web crawler,we should first clarify some prerequisite common problems combined with the causes of the problem.First of all,from the perspective of concept,we should adhere to the position of balance between order security and data freedom,criminal modesty and co-governance.Secondly,as far as the regulatory objects are concerned,we should make clear the intersection relationship between information and data,adopt the regulatory logic based on data content,and identify the right ownership of data in scenarios.Finally,from the perspective of regulating legal interests,we should establish an independent system of data security legal interests,and the infringement of data ontology corresponds to the legal interests of data security,and the infringement of data function corresponds to the traditional legal interests.And the types of legal interests that may be encountered in the criminal law regulation of web crawlers are classified.In addition,we should also make clear the possibility of infringement of national security legal interests by web crawlers,so as to extend the legal interests protection system.Finally,on the basis of clarifying the premise problems,this paper puts forward some countermeasures and suggestions on how to regulate the Internet crawler behavior in criminal law.First of all,the standard of incrimination should be divided into formal incrimination standard and substantive incrimination standard.The formal incrimination standard should mainly examine whether the crawler behavior conforms to the legitimacy rules and industry rules,while the substantive incrimination standard should mainly examine whether there is the authorization of the crawled party and the nature of the data itself.Combining the criminal standard with the substantive standard,we should clear the boundary of the criminal law regulation of the Internet crawler.Secondly,we should build a typed criminal law regulation system of web crawler,combine the stage characteristics of web crawler with the types of legal interests infringed by it with a certain time and space logic,and take it as the standard of categorization,which is able to clarify the specific way of conviction of each stage of the behavior of web crawler.So as to avoid the pocket tendency of conviction and solve the situation of unclear criminal law regulation route.Finally,we should absorb and integrate the industry rules and ethics,and speed up the introduction and improvement of relevant pre-provisions,so as to realize the connection between the criminal law regulation and pre-norms of Internet crawler.