Research On Legal Regulations Of Web Crawlers Grabbing Enterprise Data

Web crawlers are new technological products in the era of big data.The behavior of web crawlers to capture enterprise data frequently causes related disputes,indicating that relevant legislation and theories need to be further improved.In this regard,we should respond to the controversial issues of data ownership and the regulation of data capture,and pay attention to the focus of disputes in various cases caused by data capture,so as to promote the update of legislation and theories,and guide data capturers to the correct behavior specification.Judicial practice makes judgments on the behavior of grabbing enterprise data,which is actually based on different considerations.It can be said that the judicial practice involved in capturing corporate data has actually established certain rules for the regulation of crawlers.To determine whether the act of capturing enterprise data constitutes an illegal or criminal act,a comprehensive judgment should be made based on whether the degree of illegality of the act of capturing data has reached the level of illegality in the code paradigm,the degree of sharing of captured enterprise data,and whether the legal interests protected by the criminal law have been violated.In order to clarify the ambiguity of criminal and civil liability determination data crawlers,in practice,the scope of criminalization of crawler data should be appropriately reduced,and the application of civil liability determination in crawler regulation should be improved.Web crawlers have the risk of violating the rights and interests of corporate data,but crawlers cannot be completely prohibited from grabbing data.Data flow and protection of data rights and interests need to be balanced,and one side should not be overemphasized.In the long run,the development of the digital economy and the protection of data rights are positively correlated.When regulating the behavior of grabbing data,we can only choose according to the principle of "the lesser of two evils,and the more important of two benefits".This paper believes that it is necessary to establish a data classification and protection system,limit the capture of data with property attributes,and clarify the risks of abuse and attribute interpretation of the robots protocol.In that way,the behavior of crawlers grabbing enterprise data could be effectively regulated.