Reptiles have a good time. Are you full? These three bottom lines must not be touched!

Reading guide ： Legal compliance 、 Carefully apply crawler technology .

author ： Guo Bin Jim Yuzhiwen

source ： big data DT（ID：hzdashuju）

Data crawling technology has always been one of the efficient ways for data companies to obtain data , But strictly speaking, crawling behavior itself is not completely legal and compliant , According to China's current laws and regulations and judicial precedents , Crawler technology may violate the legal requirements of the following dimensions （ List only the relatively important legal dimensions ）.

01 Anti Unfair Competition Law Dimension

Without the authorization of the crawled party , Crawling data may violate Robots agreement .Robots Protocol is a mechanism produced by the technical community to solve the communication of intention between the crawling party and the crawling party through computer program .2012 year 11 month 1 Japan , Twelve enterprises jointly launched 《 Self regulation Convention on Internet search engine services 》, The Convention requires all signatories to abide by Robots agreement .

In judicial practice , Even if the crawler does not belong to the above 12 Within companies ,Robots The agreement has also been recognized as a recognized business ethics in the search field of the Internet industry ： Beijing first intermediate people's court in the unfair competition case of an Internet security company , Will be recognized in the industry Robots The agreement is recognized as a recognized business ethics in the search field of the Internet industry .

The Court pointed out in its judgment that ：

When the defendant launched the search engine , Its website also published Robots Content and setting method of the agreement , It shows that the entire Internet industry, including the defendant, is interested in Robots Agreements are recognized and observed . It should be recognized as a general rule in the industry , Should be recognized as the search engine industry recognized 、 Business ethics that should be observed .

therefore , Crawler violates Robots The behavior of the agreement may be considered as a violation 《 Anti Unfair Competition Law 》 The first 2 strip , That is, violating the principle of good faith and business ethics .

Although the information disclosed on the network is difficult to constitute trade secrets , But because some information on the network can be made by taking technical measures Only specific users can contact , Therefore, the information on the network may still have the confidentiality and confidentiality required by trade secrets , The possibility of constituting trade secrets .

If the crawler controller deliberately evades the protection measures set by the website operator in the process of capturing information , Contact 、 Save and even disclose information that ordinary users cannot access , And such information constitutes a trade secret , Then such behaviors of the crawler controller may infringe the trade secrets of others , In turn, it may violate 《 Anti Unfair Competition Law 》 The first 9 strip .

meanwhile , Because the crawler will hinder the network system of the crawled party , So such behavior may violate 《 Anti Unfair Competition Law 》 The first 12 strip .

02 Copyright dimension

Whether it's an article on the Internet 、 picture 、 User reviews , Or the website's own database , It is possible to constitute works protected by copyright law with originality . The capture and use of such information may constitute an infringement of copyright , Especially the right of reproduction and the right of network information dissemination . Because the behavior of grabbing data is essentially the replication of data , Therefore, such acts may infringe the copyright owner's reproduction right .

At the same time, in terms of data extraction and use behavior , If the crawler controller grabs the information , Publicly disseminate the captured information on their own websites , Then it may further infringe the right of information network dissemination .

for example , Ma and others sued a network technology company for copyright infringement dispute .

• The facts of the case

The defendant, a network technology company, used the computer crawler technology similar to the search engine to collect French entries and search for translation and interpretation , Using the copyright enjoyed by the plaintiff in large quantities without paying the corresponding remuneration 《 Contemporary French Chinese Dictionary of science and Technology 》 The content in , Mr. Ma sued the network technology company for copyright infringement .

• Verdict

According to the law , In addition to reasonable use , The use of others' works shall be subject to the consent of the copyright owner , And pay corresponding remuneration . The defendant claimed that he collected vocabulary entries and Chinese definitions through crawler technology , This technology is a means for the defendant to collect and form his Online Dictionary Thesaurus , Instead of using 《 French assistant 》 when , Directly point to other target websites through search links , The defendant should have a high duty of examination and attention to the legality of the vocabulary and Chinese interpretation it collects and uses .

therefore , The content of the French translation software made by the defendant , Some plagiarized the plaintiff 《 Contemporary French Chinese Dictionary of science and Technology 》 The interpretation of , Infringed the copyright of the plaintiff and others , Should undertake to stop infringement according to law 、 Apologize 、 Civil liability for damages .

03 《 The criminal law 》 And 《 Network security law 》 dimension

From a technical point of view , Crawlers may cause the target website to be overloaded , And then cause the website to be inaccessible or even paralyzed , Crawling party may violate 《 Network security law 》 About China Network operation security Provisions on . But if you are also involved in intrusion , May violate 《 The criminal law 》 The first 285、286 The provisions of article .

For example, in a case , Wang used the method of remote login , Invade the computer information system of the target company through an attack instruction , The email address of the company's employees in the system 、 The address book is exported , Then change the corresponding password , So you can enter the employee's mailbox at will , Finally, he was sentenced to the crime of illegally obtaining computer information system data .

From the perspective of crawling content , If the content crawled is personal information , Then it may violate 《 Network security law 》 Requirements on the compliance of collecting personal information , May even violate 《 The criminal law 》 The crime of infringing on citizens' personal information .

Summary

Sum up , Data crawling is not only easy to attract the attention of regulators , It is also vulnerable to lawsuits from competitors , It is suggested that enterprises should pay attention to the following points when crawling data .

1. Try to avoid crawling the platform data of enterprises that form a direct competitive relationship , Avoid competitors' basis 《 Anti Unfair Competition Law 》 The risk of litigation .

2. Try to crawl clear and public data , comply with Robots Agreements and other explicit and public agreements on websites , Avoid crawling the data prohibited by the platform .

3. according to 《 Data security management measures （ Solicitation draft ）》 The first 16 The requirements of article , Data crawling and collection traffic shall not exceed one third of the average daily traffic of the website , Avoid causing the target website to crash 、 Unable to operate normally .

4. For the target website, technical measures have been clearly taken to prevent crawler access , The company should not invade 、 Destroy its protective measures .

5. For example, the target website clearly issued a notice to stop data crawling , Then the data crawling behavior should be suspended , Take measures in time .

This article is excerpted from 《 Data compliance ： introduction 、 Actual combat and advanced 》（ISBN：978-7-111-70536-9）, Issued under the authority of the publisher .

Extended reading 《 Data compliance ： introduction 、 Actual combat and advanced 》

Click on the picture above to learn and buy

Please contact wechat for reprint ：DoctorData

Recommended language ： Systematic summary of years of front-line management experience ！ Follow the protagonist to grow , Quickly grasp the practical treatment scheme in multiple scenes ！ A Practical Workbook for enterprise data compliance governance ！ The secret to the growth of data compliance professionals ！

About author ： Meng Jie , He is now a partner of Beijing universal law firm , The main field of practice is network security 、 Personal information and privacy protection . He has served as legal director and data protection officer in many well-known enterprises , ren IAPP Chairman of knowledge community in China , By chambers 、The Legal 500、LEGALBAND And other well-known legal rating agencies “TMT Field leader ”“ Leader in data protection ”“Fintech Head lawyer in the field ” etc. , He was rated as one thousand foreign-related expert lawyers by Beijing Lawyers Association .

Xue Ying , He has been the director of data compliance and intellectual property in Internet Group for a long time . In a foreign company 、 The world's top 500 companies have been engaged in data privacy compliance for many years , Have rich front-line experience in Internet scenes . hold CIPP/E、CIPP/U authentication , election ALB China intellectual property legal affairs 15 Strong and led the team to win 《 commercial law 》 year “ Data compliance ” Excellent team and other awards .

Zhulingfeng , Currently, he is a privacy and data compliance expert of well-known Internet companies , He used to be the vice chairman of Xiaomi security and privacy committee . He has been engaged in data privacy compliance research and practical work for many years , Deeply participate in the formulation of domestic information security related standards and important legal discussions , In global privacy law research 、 Privacy protection design 、 Application and management of privacy security technology and App、 The Internet of things 、 Rich practical experience in artificial intelligence and other fields .

Focus on

Dry goods go straight to

• The booming intelligent Internet of things in recent years （AIoT）, What is the future ？

• How big consumer enterprises make digital transformation ？
  

• AI Landing Manufacturing ： Intelligent robots should have this 4 Kind of ability

• Finally, someone explained the federal learning clearly

More exciting

Enter the following dialog box in the official account dialog box key word

See more quality content ！

read  |  book  |  dried food  |  Make it clear  |  God operation  |  handy

big data  |  Cloud computing  |  database  | Python |  Reptiles  |  visualization

AI |  Artificial intelligence  |  machine learning  |  Deep learning  | NLP

5G |  Zhongtai  |  User portrait  |  mathematics  |  Algorithm  |  Number twin

According to statistics ,99% The big coffee is concerned about the official account