Research on the Determination of the Crime of Illegally Acquiring Computer Information System Data
With the advancement of computer technology,the crime of illegally acquiring data from com-puter information systems has emerged as a central charge in the regulation of computer-related offenses.However,there are ambiguities inthe understanding of the means of action and the objects of the crime,leading to unclear standards for the application of this charge and a tendency towards its over-expansive use.The root cause lies in the unclear understanding of core concepts such as"illegal acquisition"and"computer information systems,"as well as the legal interests they are meant to protect.Therefore,it is imperative to clarify that the legal interest protected by this charge is data security,and to interpret the constitutive elements of this charge with this as the centralis focus.Additionally,it is important to recog-nize that common practices like online plug-ins and web crawlers should not be subject to this charge in practice.
computer information system crimesdata securityillegal acquisitiontechnical Methods
万方数据
维普
