Research On Criminal Law Regulation Of Web Crawler’s Data Acquisition Behavior

With the change of network communication technology,the amount of Internet information has exploded,and human beings have entered the era of big data.As the carrier of information on the Internet,data,as the carrier of information on the Internet,has become more and more valuable with the improvement of related data mining,collection and utilization technologies.However,the accompanying contradictions between data collection and data protection cannot be ignored.On the one hand,the free flow of data has continuously injected new impetus into the development of the Internet digital economy,and the digital economy has become an indispensable part of my country’s economic development;The destructive nature of security,combined with the controversies and even crimes caused by the increasingly frequent data crawling in my country in recent years,the data security risks brought by the behavior of web crawlers can no longer be ignored,let alone the traditional view of "technology neutrality" like a cat shuts its eyes while it steals cream.,among which "the first case of reptiles being punished" has sparked heated discussions in the Internet industry and legal circles.How to make technology a key driving force for economic development and reform,find a balance between data utilization and protection,and give full play to the protection function of criminal law is of great significance to maintaining the rapid and stable development of the digital economy.The thesis collects the criminal cases involved in web crawling data crawling,adopts the case analysis method,divides the types of cases involved for statistical classification,lists the most likely crimes committed by web crawler data crawling,and extracts the main facts and behaviors of the case.Based on the characteristics of web crawler,it is concluded that there are problems in the behavior of web crawler,such as unclear behavior nature,unclear boundary of criminal law regulation,expansion of risk of technology users,and the unity of opposites between technology use and data security.The behavior objects of web crawlers can be mainly divided into three categories:personal information data,intellectual property data and other network data.By distinguishing the conviction requirements for different types of data and promulgating clearer judicial interpretations,the division of "this crime and that crime" can be more efficiently achieved in judicial practice.The behavior of web crawlers that infringe on personal information data has different criminal boundaries for different data types,and the web crawlers themselves must also classify their illegality according to different behavior attributes.For the behavior of crawling other network data,the behavior of web crawling that seriously affects or destroys the operation of the website will constitute a criminal offense;the behavior of web crawling that forcibly breaks through anti-crawling measures is generally considered to be criminal;the behavior of web crawling that breaks through IP address restrictions It does not necessarily constitute a crime;the behavior of web crawling against public data is generally not criminal;but the behavior of web crawling that simply violates the crawler agreement or the website states that it does not affect the use of the website does not constitute a crime.However,what still needs to be emphasized is to promote the rational use of web crawler technology.We cannot blindly place criminal law at the forefront of tort regulation.We need to establish general principles of criminal law regulation;clarify the criteria for criminalization of behavior,and draw a red line for behavior;improve relevant Laws and regulations,fully consider the applicability of administrative law and civil law;optimize the judicial guidelines for conviction and strictly abide by the law of crime and punishment,in order to further improve the regulation path of web crawler behavior.