Research On The Administrative Regulations Of The Application Of Web Crawler Technology

As a new factor of production,data resources have become the key to the survival and development of Internet enterprises and the core of economic development.Web crawler technology has become the main means for data demanders to obtain data because of its high efficiency and accuracy in collecting data.However,while the web crawler technology is widely used in many fields,abuse incidents frequently appear in the public’s field of vision,and have caused risks such as privacy leakage,encroachment on public resources and endangering public safety,which has become a new problem that administrative law must respond to and regulate.Have the existing administrative law rules effectively adjusted the application of web crawler technology? How to standardize the application behavior of crawler technology from the perspectives of legislation,supervision and relief,and balance the protection of data rights and the demand of data flow is the main purpose of this paper.The application of web crawler technology based on administrative regulations can standardize users’ use behavior and make up for the shortcomings of civil law,economic law and criminal law,but there are also some problems in the specific regulation process.At present,the legislation in the fields of personal information protection,data security and network security provides a legal basis for regulating the application of crawler technology.However,the lack of pertinence of administrative legislation norms,the vague principles of legality and legitimacy and the lag of informed consent rules make the institutional rules regulating the application of crawler technology lag in prevention and control;In the process of administrative supervision,the problems of overlapping functions of supervision subjects,limited supervision scope and lack of guiding means in advance hinder the effective supervision of reptile technology application;It is difficult to protect the rights and interests of data subjects because the legal relief channels are not smooth after the administrative organs use crawler technology to infringe;The administrative guidance of industry self-discipline needs to be strengthened in order to develop self-regulation and form a cooperative governance model with the government.We can learn from the regulatory experience of the European Union and the United States to explore the administrative regulations for the application of web crawler technology.The European Union attaches great importance to data protection,and regulates the application of crawler technology through special unified legislation and "one-stop" cooperative supervision mode,thus forming a strong protection status for personal data rights and database rights.The United States attaches importance to data circulation,decentralizes legislation to regulate the application of crawler technology in different fields,and focuses on industry self-discipline and government supervision as a supplement in the supervision process,and pays attention to scene orientation to avoid over-regulation.On this basis,China should reasonably learn from the above experience,establish a practical administrative legislative model to improve the top-level design,strengthen cooperation between departments,accelerate the construction of industry self-discipline mechanism,and attach importance to the application of scene-oriented in legislation and law enforcement.There are four ways to improve the administrative laws and regulations for the application of web crawler technology in China: first,establish a "specialized+decentralized" administrative legislative model to improve the top-level design of web crawler technology application,on this basis,clarify the criteria for judging legality and legitimacy,improve the notification and consent rules,and realize the optimization of institutional rules related to the application of web crawler technology;Secondly,strengthen administrative supervision by establishing cooperative governance mechanism between departments,expanding the scope of administrative supervision and balancing the whole process of supervision before,during and after the event;Thirdly,by enhancing the effectiveness of administrative mediation relief,improving the administrative adjudication system and strengthening the construction of administrative public interest litigation system,the channels of administrative relief can be unblocked and the rights and interests of infringed data subjects can be protected;In addition,strengthen the administrative guidance of industry self-discipline,make it form a cooperative governance model with the government,and jointly standardize the use behavior of web crawler technology.