新媒体环境下侵入他人计算机系统窃取信息的侵权责任认定

Identification of Tort Liability for the Invasion of Other People's Computer Systems to Steal Information in the Environment of New Media

非法侵入他人计算机信息系统已经成为窃取计算机内存秘密最重要的方式之一,其危害性也是所有威胁网络安全的行为中最严重的一种,因而西方各国的刑事立法普遍将其规定为犯罪。在新媒体应用不断市场化的今天,非法侵入他人计算机系统进行信息窃取的行为给法律规制提出了挑战。我国刑法增设了非法获取计算机信息系统数据罪,但在入侵手段、入侵目的以及电子数据财产属性的认定上,都与新媒体应用的实际存在不相适应的地方,需要在立法上进一步完善。

Illegal invasion of computer information systems has become one of the most important ways for the theft of secrets stored in the computer memory, and it is also one of the serious threats to the security of the network; hence it is generally identified as a crime in criminal legislation of western countries. Nowadays, as the application of new media is increasingly commercialized, illegal invasion of other people＇s computers for the theft of information has posed a great challenge to the regulation of laws. In China＇s criminal law, the provision of illegal obtaining of information and data from other people＇s computers has been established; however, when it comes to the identification of the invasion method, the purpose of the invasion, and the attributes of the electronic data property, conflicts appear caused by the innovation and development of new media; thus it is urgent to modify the content of the corresponding provision in laws.