Legal Risks and Compliance Paths of “Cybercrawler＂: An Empirical Study Based on 242 Judicial Judgment Documents

Abstract

While “Nice Cybercrawler” promote the innovation of business models and the establishment of data market, “Evil Cybercrawler” cause security risks for citizens, enterprises and government information data. Nowadays, the criminal regulation of online data crawling behavior has become the fact in the judicial practice and is gradually expanding. However, previous research on the legal regulation of “Cybercrawler” has mostly focused on theoretical analysis, lacking empirical verification, and failing to draw its governance spectrum using a “panoramic” observation paradigm. In this context, by conducting statistical analysis of 242 judicial judgment documents and using empirical analysis research methods, the legal risks of criminal crimes, administrative violations, and civil torts related to the “Cybercrawler” behavior itself and subsequent behaviors were separately sorted out. And based on the type of data crawled, compliance paths have been developed for the “Cybercrawler” behavior of individuals, enterprises, and government data, hoping to clarify the compliance path for the global governance of “Cybercrawler” and provide useful reference for relevant experts, scholars, and colleagues in the practical field.