Criminal Law Protection Of Citizens' Personal Information From The Perspective Of Web Crawlers

Due to the early laissez-faire attitude,"web crawlers",as the most promising information collection tool,have changed from a neutral technical behavior to an ethical dispute in the industry,and finally fell into the category of criminal law review.Nowadays,the behavioral characteristics of web crawlers affect the direction of alienation of personal information crimes.For example,the activity field of crawling behavior makes the public features of personal information more obvious;the automatic and high-efficiency technical features of web crawlers cause individuals Information crime infringement behaviors show the characteristics of large-scale attacks and vertical attacks;and the neutrality of the criminal law's definition of technical behaviors brings about problems such as blurring the boundaries of criminalization and unequal subject responsibility.Focusing on the behavioral characteristics of web crawlers,we examine the current criminal law protection of personal information in my country.On the whole,the personal information accusation system presents a "dual-track accusation+special subject liability accusation" structure,and the legal definition of "citizens' personal information" adopts the method of "concept identification+type identification".However,with the alienation of personal information crimes,this system has some regrets.Specifically,under the criminal law,the lack of independence of rights of citizens' personal information has led to the inability to properly protect new types of personal information;under the dual-track system of crimes,the judicial application presents a“serious specialized crime,minor data crime"."Unbalanced";under special charges,there is a situation of "preserving the protection of individual legal interests and keeping public order maintenance";under the charges of special subject liability,the extremely low application rate cannot adapt to network service providers' participation in cyberspace The reality that the proportion of governance has risen.Faced with the spread of web crawler technology application scenarios,this type of crime combining computer science and Internet technology challenges the existing response speed of the judicial protection of personal information.At the same time,the excessive speed of alienation also makes legal sanctions ineffective and falls into The dilemma of inadequate legislative protection.Therefore,this article strives to start from the new nature of the field of personal information crime,reflect on the existing criminal law system's deficiencies in the regulation of cyber-crawler crimes,and follow a coordinated and scientific system concept,and propose a relatively complete criminal law protection of personal information.path.