法律实践视角下“人肉搜索”侵权行为规制方法探索

Exploration of Regulatory Methods for Infringements Act in “Doxing” from the Perspective of Legal Practice

摘要: 随着互联网的飞速发展，网络侵权已经从新奇的社会现象转变成了随处可见的侵权行为，其中令公众所熟知的便是“人肉搜索”中的侵权行为。法律和行政法规规定了违法行为的惩罚标准，各部门法也陆续增添了保护个人信息的条款，但依附于网络空间的信息数据无法在技术层面上有效地预防其泄露，爬虫技术在批量盗取个人信息的同时又能不留痕迹。因此在完善法律法规的同时，应当加强网络服务提供者与执法机关的技术合作，增强网络管理效率，完善民众举报、申诉渠道，加强网络秩序意识教育，消减民众以“人肉搜索”作为私刑手段的朴素正义感。

Abstract: With the rapid development of the Internet, network infringement has changed from a novel social phenomenon to a ubiquitous infringement act, among which the infringement in “doxing” is well-known to the public. The punishment standards for illegal acts are stipulated by laws and administrative regulations, and various branch laws have been gradually adding provisions to protect personal information. However, information data attached to cyberspace cannot be effectively prevented from leakage from its technical form, and its illegal use is also difficult to curb. The Crawler technology can steal personal information in bulk without leaving any traces. Therefore, while revising laws and regulations, it is necessary to strengthen the technical cooperation between network service providers and law enforcement agencies, enhance network management efficiency, add more channels for public reporting and appeals, strengthen education on network order awareness, and to reduce the natural impulses of vigilante justice for the public from using “doxing”.