关键词: Web劫持, 流量劫持, 法律治理, 公益诉讼, 刑事责任, 民事责任

Abstract: Cybersecurity is related to the long-term ruling of the party. It is related to the long-term stability of the country and the economic and social development and the vital interests of the people. General Secretary Xi Jinping emphasizes that there is no national security without cybersecurity, and there is no modernization without informatization. Data security and personal privacy have been challenged as never before, and a variety of novel attack technologies are emerging. Various hijackers of operators, frequent advertisement popups, access to specific Websites were redirected to illegal Websites, common Web pages were tampered with, input method pop-up advertisements, WiFi sharing hijackings, network “crawlers”, Web “fishing”, “human flesh” search, reflection and amplification hijacking, etc., may be related to Web hijacking or traffic hijacking (Web hijacking is not the same as traffic hijacking, but this article intends to use the concept of Web hijacking instead of both). Whether it is Web hijacking or traffic hijacking, its essence is the control of data (user's own data, data that users need to access and data in transit); by controlling the flow of data, huge property benefits can be obtained. How to define the legitimacy of data control behavior, control the boundaries of behavior, what path is needed for effective governance, and who needs to take responsibility and assume responsibility; this paper intends to address the security issues involved in DNS (Internet core system) HTTP hijacking attempts to analyze the two types of behaviors, whether users or Web application service providers, from both technical and legal levels, trying to propose some solutions from a legal perspective (for civil infringement and breach of contract, criminal offences and public interest litigation). The nature of hijacking believes that it is still a data security issue. How can we better protect our data security and personal privacy? This is related to national security and requires the high attention and participation of our entire society. Inappropriate, please axe.

Key words: Web hijacking, traffic hijacking, legal governance, public interest litigation, criminal liability, civil liability