The Necessary Shift in the Determination of Criminal Wrongdoing in Data Crawling Behaviors
It is necessary to use criminal law to regulate the abuse of data crawling technology,but main viewpoints in judicial practice and theoretical circles take crawling behaviors to avoid or break out of tech-nical protection measures as the basis for determining criminal illegality,which leads to erroneous protec-tion objects of criminal law,empties legal protection content of data crimes,and inhibits the release of data public value.It is proposed to construct data security legal interests based on data classification and grading,and to determinate criminal illegality in data crawling behaviors based on objective violation of data security legal interests and subjectively explicit awareness of behavior mode,total amount of crawled data,and the information content represented by the data.The reshaping of criminal illegality standard for data crawling behaviors can serve as a transition between"violating national regulations"and"serious circumstances"in Article 285(2)of the Criminal Law,and establish a criminal nature that is worthy of criminal regulation for illegal data acquisition behavior.
data crawlingdata security legal benefitscriminal illegalitycrime of illegally obtaining data from computer information systems
NETL
NSTL
万方数据
维普
