On the Criminal Compliance Protection of Cyber"White Hat"
Cyber"White hat"uses the web crawling technology to gather online information data used for simulation testing,aiming to identify network vulnerabilities.The objective behavior,due to meeting the constitutive elements of the crime of illegal-ly obtaining computer information system data,presents legal risks;however,the subjective intention,with the aim of maintaining network security,possesses a legitimate scope.In practice,the criminal governance of cyber"white hats"faces challenges in defin-ing the illegal boundaries of web crawling activities,which can lead to improper criminalization of cyber"white hats."At the same time,there is an issue with identifying the legal scope for web crawling,making it difficult to leverage the role of cyber"white hats"in maintaining network security.The scholars have different views on whether cyber"white hat"should be criminalized,but they all agree that it is possible to define the boundaries of cyber"white hats"to provide a space for their activities.In the field of criminal governance concerning cyber"white hats",the concept of criminal compliance should be introduced.By implementing internal risk control mechanism and external judicial guidance mechanism,the compliance protection of cyber"white hats"can be achieved,thereby maintaining network security while mitigating potential information data security risks.
NETL
NSTL
万方数据
