Research On Criminal Law Regulation Of Web Crawler Behavior

Web crawler is a kind of automatic crawl network data,in accordance with the established rules program or script,for its high efficiency and convenient production and living.With its high efficiency and convenience in production and life,it generates great legal risk of crime."Technology neutrality" is no longer a firm excuse.Under the environment of severely cracking down on network crimes,web crawler has become one of the key computer technologies regulated by criminal law because of its low cost,high concealed means and wide range of influence.Especially,the rapid development of big data risk control industry in recent years has further pushed the crimes related to web crawler behavior into the public’s view.It is necessary and effective to use criminal law to regulate crawler crime from the perspective of guaranteeing network order.However,in order to promote the development of big data industry and digital economy,and curb the phenomenon of data monopoly and data island,it is becoming an issue to explore the necessary limits of criminal law regulation of crawler behavior.In the face of the problems in judicial practice,it is necessary to distinguish and integrate the concept and scope of existing data and personal information,redefine the standard of illegal intrusion into computer information system,return the effectiveness of Robots protocol to the civil field for discussion,accurately grasp the modesty of criminal law,and seek effective connection between criminal law and other laws.These measures will help avoid the "pocketing" of data crimes.In the stage of increasing legislation in the field of network,correcting the deviation of regulation of web crawler behavior in criminal law and maintaining the unity of law and order can provide an important reference for the criminal risk of web crawler technology and improve the regulation of web crawler behavior in criminal law.