Positioning of network surveillance measures and their legal regulation within the context of crime fighting
From the perspective of combating crimes,network surveillance can be divided into pre-filing network surveil-lance and post-filing network surveillance.The former encompasses network surveillance of public data,network surveil-lance of private data,and preventive network surveillance;while the latter includes network surveillance of social man-agement databases and network surveillance of computer information systems.In accordance with the principles of due process and proportionality,given the distinct applicability of various network surveillance methods in terms of their sub-jects,manners,targets,and contents,the measures and legal regulations for network surveillance cannot be generalized.The five aforementioned categories of network surveillance sequentially correspond to administrative law enforcement,technical reconnaissance,technical investigation,general compulsory investigation,and technical investigation,respec-tively.Currently,China's relevant legislation has numerous shortcomings in regulating various types of network surveil-lance,including a lack of clear measure positioning and vague and inadequate application restrictions.Based on the prin-ciples of due process and proportionality,combined with the extent of infringement on civil rights by different types of network surveillance,distinct legal regulatory models should be established to improve the inadequacies of existing regu-lations.For network surveillance of public data,it is necessary to limit the applicable subjects,define the scope and manner of application,introduce an examination and approval system,and strengthen procedural connections with crimi-nal proceedings.As for network surveillance of private data,the scope of application should be clarified,and restrictions on the use of obtained materials should be detailed.In terms of preventive network surveillance,it should be incorporated into technical investigation legislation,with limitations on its scope of application and clear conditions and adverse conse-quences of illegal application for its use.Regarding network surveillance of social management databases,the legitimacy should be confirmed,the manner of application should be restricted,and the approval process should be relaxed.Finally,for network surveillance of computer information systems,the narrow definition of network surveillance for obtai-ning non-content information should be positioned as technical investigation,and restrictions on the scope of application,conditions,and approval should be eased.
network surveillanceprinciple of due processprinciple of proportionalitycivil rightslegal regulation
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