Research On Criminal Regulation Of Web Crawler

In the era of big data,web crawler,as a data capture algorithm,is often applied in search engine,public opinion analysis,vulnerability detection and other fields due to its advantages of high efficiency and accuracy.Although web crawler technology itself is neutral,there is no difference between legal and illegal,but once this technology is improperly used,it may deviate from its intended purpose,and even seriously threaten the information system and data security.In recent years,the legal disputes about data crawling are increasing day by day,and the personal rights,economic interests and public security problems contained in data are also increasingly prominent.The judicial practice shows that the legal regulation of web crawler extends from civil law and administrative law to criminal law,and the criminal regulation of web crawler gradually attracts the attention of the academic and practical circles.However,in the face of the rise of new technology,on the one hand,due to the "congenital deficiency" of current legislation and the "acquired defect" of judicial interpretation,the regulation of our criminal law lacks the protection of the legal interests of data security,and the existing crimes also exist the phenomenon of "pocketing".On the other hand,there is a tendency to be strict.The behavior of web crawler breaking anti-crawling measures is identified as "illegal intrusion" without any distinction,and the behavior of crawling public data is criminalized.On the basis of sorting out existing criminal law provisions,judicial interpretation and judicial practice,this thesis firstly starts from the principle of web crawler technology,relies on a comprehensive understanding of this technology,and grasps the connotation of computer or data security guarantee mechanism,so as to clarify the difference between general anti-crawling measures and security guarantee mechanism.Secondly,from the infringement of legal interests of web crawler and the limitations of existing regulatory measures to demonstrate the necessity of criminal law intervention.Thirdly,clarifying the problems existing in regulating web crawler behavior in our country,including the absence of independent protection of data security,the tendency of "pocketing" of existing charge,and the ambiguity in the judgment of the illegality of conduct.In addition,comparing and learning from the relevant legal regulation and judicial practice experience of the European Union,Germany,the United Kingdom and the United States on data crime and web crawler behavior.Finally,based on our national conditions,this thesis puts forward corresponding improvement suggestions from the two aspects of improving data security protection legislation and clarifying the illegal judgment criteria of web crawler behavior,aiming to clarify the criminal illegality judgment of crawler behavior,clarify the relationship between data protection and development and utilization,and effectively give consideration to the two major values of order and efficiency.So that the future judicial practice can more accurately define the boundary of reptilian behavior.