中圖分類號：D922文獻標識碼：ADOI:10.19358/j.issn.2097-1788.2024.12.011
引用格式：胡佳濼. 互聯網公開數據爬取行為的反不正當競爭規制研究［J］.網絡安全與數據治理，2024，43（12）：74-79.

Research on anti-unfair competition regulation of Internet public data crawling behavior

Abstract： There is no consensus on the regulatory path of public data crawling in the academic community, and there is no legislation on the ownership of data. The judicial community can only base its judgment on the 'Anti-Unfair Competition Law'. However, the anti-unfair competition law has problems in both legislation and judicature. Specifically, the uncertainty of general provisions makes it easy to be abused, and Internet articles cannot be applied to the crawling behavior of public data. There is a lack of uniform judgment standards in judicial practice, and the amount of compensation also lacks quantitative standards. In this regard, it can be improved from the legislative and judicial levels in order to better apply the 'Anti-Unfair Competition Law' to regulate the crawling of Internet public data. Specifically, in terms of legislation, the types of acts of unfair competition in public data should be added ; in the judiciary, the referee′s thinking and the calculation standard of the amount of compensation should be improved.

Key words : open data ; data crawling ; anti-unfair competition