| The behavior of web crawler includes the behavior of accessing the information system of the target computer,and the behavior of scraping data according to the script after browsing the website data.At the same time,reptile behaviors that constitute criminal violations must infringe legal interests,and it is indeed necessary to clarify the pedigree of legal interests infringed by criminal reptile behaviors.The pedigree of legal interests that constitute criminal violations by web crawler behaviors can be divided into traditional legal interests and new data security legal interests.Traditional legal interests mainly focus on citizens’personal information rights,intellectual property rights,and property rights,while data security legal interests include confidentiality,integrity,and availability.elements.Web crawler behavior that does not infringe traditional legal interests and data security legal interests certainly does not constitute a criminal offense.For crawler behaviors that infringe on traditional legal interests,the type of information contained in the captured data must be determined,and different types of information represent different legal interests;while crawling behaviors that violate legal interests in data security constitute computer crimes,it should be considered that confidentiality is the most important legal interest in data security.Fundamental elements,integrity and availability are extensions of confidentiality elements.Substantial judgment is required to determine whether the confidentiality requirements,integrity and availability requirements of data security legal interests are violated.The boundary of data access behavior should focus on the investigation of crawler behavior when it invades specific types of websites that involve national interests and social public interests without access rights.It constitutes a criminal offense when the crawler behavior causes the computer information system to be paralyzed,inaccessible,or other damage results.Only partially authorized web crawling behavior,in the case of exceeding the scope of authorization,is exempted from civil and criminal liability for part of the scope of authority,and the part beyond the scope of authorization constitutes criminal violation;in the case of not obtaining the authorization of the integrity subject,the crawling behavior also It also constitutes a criminal offense,including not obtaining the authorization of the original data collector,which constitutes a criminal offense due to infringing on the personal information of the original data collector;when accessing a computer information system involving national interests and social public interests,only obtaining formal authorization but breaking through The original authorized purpose constitutes a criminal offense.The data capture behavior boundary focuses on the data that the web crawler behavior captures.When crawling behavior captures data that is specially protected by criminal law,it is determined to constitute a criminal violation based on the type of information contained in the captured data.The Criminal Law provides special protection for data carrying personal information,intellectual achievements,and trade secret information,and capturing such data constitutes a criminal offense.Among the massive data,some data do not carry the above-mentioned special types of information,but may carry computer information systems.Other result information generated during the operation process,or valuable data that does not carry information but is still protected by confidentiality measures,this part of the data is also protected by the criminal law,and capturing this type of general data may also constitute a criminal offense. |
