Criminal Law Regulatory Boundaries for Malicious Data Crawling:From the Perspective of the Crime of Illegally Obtaining Computer Information System Data
The criminal risk of web crawler is gradually expanding.The fundamental reason is that the essence of the legal interest of the crime of illegally obtaining computer information system data has not been clarified.Considering the dynamic circulation function of"data"as the object of this crime and the important interest value of it,the legal interest protected by this crime should be defined as"freedom of data control and operation-security of traditional information content".This hierarchical legal interest successfully crosses the"gap"between facts and norms,ensuring the coordination and rational allocation of functions between the criminal law accusation systems.On the basis of clarifying the legal connotation of the crime of illegally obtaining computer information system data,a reasona-ble criminal law boundary can be defined for the act of maliciously crawling data.Crawling open data is not a crime.Crawling semi-open data maliciously does not constitute this crime,however,it does not exclude the possibility of constituting traditional information crimes.Crawling unopened data maliciously,if it cannot be restored to traditional information protected by criminal law,does not con-stitute a crime;if it can be restored,it will be judged again based on whether the information content protected by criminal law is pub-licly available.If it is publicly available,it will not constitute a crime,conversely,it will,and the overlap of articles of law may occur between it and traditional information crimes.
web crawlercrime of illegally obtaining computer information system datalegal interestcriminal law boundary
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