Logical Deconstruction and Standard Reconstruction for the Criminalization of Scraping Public Information:Starting from the Nature of"Anti Anti-Scraping"
In cases of data crimes involving web crawlers,the"Anti Anti-Scraping"which bypass-es anti-scraping techniques has become the main basis for the crime of scraping browsable information.However,anti-scraping techniques are not computer security protection measures,so the"intrusive-ness"of"Anti Anti-Scraping"does not hold up at the technical level.Moreover,it is not justifiable,reasonable and feasible to determine that"Anti Anti-Scraping"violates data security from the standpoint of protecting"data control rights".In fact,based on the principles of computer technology,the needs of the development of the digital economy,and the need to maintain the unity of legal order,only when the"Anti Anti-Scraping"breaks through the identity access authority and destroys the information secu-rity of the closed network space,the corresponding behavior of scraping data and providing web crawl-er should be considered data crimes.Therefore,the act of bypassing anti-crawler measures to scrap pub-lic information should not constitute a crime of illegally obtaining computer information system data.
anti anti-scrapingweb crawlerpublic informationcrime of illegally obtaining com-puter data
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