On October 24, 2020, by the China University of Political Science and Law School of Criminal Justice, the Institute of Cyberlaw and Xiaomi Qinghe University School of Law jointly organized the second China Cyberlaw Xiaomi Cup ShuoBo Forum online, the theme of the forum is network security and data privacy compliance.
The theme of this forum was Network Security and Data Privacy Compliance.
The paper On the Limits of the Criminal Law of Web Crawling in the Data Age by Tong Yunfeng's doctoral students distinguished between web crawling technology and web crawling behavior, and affirmed that web crawling behavior is criminally punishable due to the infringement of legal interests. Tong Yunfeng argues that the criminal law on web crawling has a negative trend of expansion and application in judicial practice, and that the principle of modesty should be taken as the principle of suppression, and through the means of typological differentiation, the dual illegality of the form and substance of web crawling should be judged, so as to effectively curb the current trend of expansion and application.
Dr. Liu Shuangyang's article, The Incrimination Logic and Exoneration Path for Illegal Use of Personal Information in the Perspective of Data Compliance, argues, from the perspective of legislative theory, that current criminal law only protects the freedom of transfer of personal information, but does not effectively regulate the illegal use of personal information that infringes on the freedom of use. Based on the seriousness of the infringement of legal rights, Liu Shuangyang proposed the logic and limits of incrimination, and considered the seriousness of the circumstances without the consent of the information subject as a constituent element of the illegal use of personal information. At the same time, on the premise of following the principle of modesty in criminal law and based on the compliant use of personal information, Liu proposes two exculpatory paths: de-identification under the reasonable effort standard and exemption of benefits under the reasonable expectation scenario, and finally, a reasonable determination of the boundaries of criminal regulation of the illegal use of personal information.
Dr. Hao Liu's article, Defining the Responsibility System of Online Platforms in the Overall Legal Order, defines the responsibility of online platforms from the perspective of legal order in detail, which is broken down into civil responsibility, administrative responsibility, criminal responsibility and social responsibility, and proposes a governance requirement that social responsibility leads to legal responsibility and legal responsibility guarantees social responsibility. The reviewers provide a detailed review from the perspective of the business development of online platforms, combining the principle of safe harbor, the provisions of the Civil Code for online service providers, and criminal law charges against online platforms. The articles provided more perspectives and theoretical foundations for analyzing the social responsibility of platforms, such as government regulation, risk control, historical factors, international relations, etc., which further inspired and broadened the thinking on the multi-dimensional responsibility of platforms.
During the forum, our doctoral students actively conducted in-depth communication and discussion with university teachers, graduate students and experts from practical departments from all over the country, and the participating experts and scholars gave high praise to the scientific research strength and the quality of talent training of Southeast Law. The research results of our doctoral students were awarded in this forum mainly due to the fact that under the leadership and guidance of Dean Yanhong Liu, our school relies on a think tank research institution to take the era's problems as the guide, innovate the Internet, big data, artificial intelligence and other interdisciplinary fields of talent training mode, guide graduate students in academic research in response to the social changes in the era of network intelligence, pay close attention to the development trends of science and technology, respond to and care for In addition, they are encouraged to actively participate in academic exchange activities to enhance the influence of Southeast Law.