Research On Criminal Law Regulation Of Web Crawler Crime

As a neutral technology,crawler technology has benefited all aspects of modern human society production,but with the rapid development of the Internet,the phenomenon of using crawler technology to engage in illegal and criminal activities is common.However,the criminal law of our country has not yet regulated this crime separately.There is no doubt about technological neutrality,but the improper use and unlimited use of any technology may involve criminal offences.Nowadays,the illegal seizure of information data by web crawler technology has great social harm.Therefore,the crime of web crawler is urgently regulated by criminal law.This has caused domestic scholars to the network crawler crime criminal law regulation path research.In the practice of criminal law of web crawler crime,there are some problems that the amount of information and the elements of plot affect the criminal constitution,the judicial application of web crawler agreement is unclear and the principle of modesty of criminal law is insufficient.First of all,the amount of information obtained by web crawler and the elements of plot affect the composition of crime.The main crimes involved in web crawler crime include the crime of infringing citizens' personal information,illegally obtaining computer information system data,illegally controlling computer information system,spreading obscene articles and infringing copyright.Secondly,web crawler protocol is not effective in judicial practice.The nature of web crawler protocol is controversial.It is generally considered to be industry practice and has no legal effect.In the face of the violation of web crawler protocol,it has to be morally condemned.In the case of rampant cybercrime,it will help to regulate the criminal law of web crawler crime.Finally,the principle of modesty in criminal law regulation of web crawler crime is insufficient.The principle of modesty of criminal law does not tilt the balance of justice because of the serious crime of web crawler.In regulating the crime of web crawler,we should carry out the idea of the principle of modesty of criminal law,so that the crime of regulating the crime of web crawler is equivalent.Article 16 of the "data security management measures(draft for comments)" issued by the National Internet Information Office on May 28,2019,for the first time,appears the legal provisions on " web crawler " regulation.The introduction of this method is a milestone in the field of data security legislation in China.This paper analyzes the problems existing in the criminal law of web crawler crime one by one,and puts forward some countermeasures to the criminal law of web crawler.Finally,the standard of incrimination is clear,and the principle of modesty of criminal law must be carried out in the whole process and all aspects of criminal law regulating the crime of web crawler.