In recent years, China’s Internet users have maintained sustained and rapid growth. By the end of November this year, the number of Internet users had reached 290 million, surpassing the United States and ranking first in the world. At the same time, the network "hacker" crime is also increasingly rampant.
The crime of hacking into civil computers
In recent years, China’s Internet users have maintained sustained and rapid growth. By the end of November this year, the number of Internet users had reached 290 million, surpassing the United States and ranking first in the world.
Microsoft’s monopoly is controversial.
Criminal law amendment
Yesterday (December 23rd), the National People’s Congress Standing Committee (NPCSC) deliberated the seventh draft of the Criminal Law Amendment. The new draft specially adds relevant clauses to crack down on hacker crimes, and its application scope extends to other computer information systems other than state affairs, national defense construction and cutting-edge science and technology.
In addition, the revision of the new draft will also crack down on "underground money houses" and illegal operation of securities, futures and insurance businesses, and it is planned to clearly define the constitutive elements of the crime of organizing pyramid schemes.
Keywords: 1 Hacking crime
Providing hacking programs will also be punished.
Internet hackers who illegally control a large number of computers may face jail time. The seventh draft of the Criminal Law Amendment, which was considered by the National People’s Congress Standing Committee (NPCSC) for the second time, defined the serious act of illegally invading the civil computer information system as a "crime", which was added at the suggestion of the Ministry of Public Security.
Article 285 of the Criminal Law has stipulated that anyone who invades the computer information system in the fields of state affairs, national defense construction and cutting-edge science and technology shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. The Ministry of Public Security believes that at present, some people use technical means to illegally invade computer information systems beyond the above provisions, which seriously endangers network security, and criminal responsibility should also be investigated for such acts.
Li Shishi, deputy director of the NPC Law Committee, said in his explanation of the draft that the draft adds two provisions to Article 285 of the Criminal Law: "Whoever violates state regulations, invades other computer information systems other than those specified in the preceding paragraph, obtains data stored, processed or transmitted in the computer information system, or illegally controls the computer information system, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "
At the same time, "those who provide programs and tools specially used for invading or illegally controlling computer information systems, or who knowingly provide programs and tools to others for invading or illegally controlling computer information systems, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph."
Keywords: 2 Underground money house
Run an underground money house or investigate criminal responsibility
The seventh draft of the Criminal Law Amendment also added provisions to crack down on "underground money houses". "Those who illegally engage in securities, futures and insurance business without the approval of the relevant state authorities, or illegally engage in fund payment and settlement business, with a large amount, shall be investigated for criminal responsibility."
This regulation comes from the rampant activities of "underground money houses" put forward by the Legislative Affairs Office of the State Council and the Ministry of Public Security. It is suggested that the behavior of "underground money houses" to evade financial supervision and illegally handle large-sum fund transfer and other fund payment and settlement services for others should be listed separately in the criminal law on the crime of illegal business.
Keywords: 3 military vehicle number plate
Buying and selling military cards can be sentenced to a maximum of seven years.
The first-instance draft of the amendment to the Criminal Law stipulates the act of forging, stealing, buying or selling or illegally providing or using special signs such as the number plates of armed forces vehicles, and stipulates that the maximum sentence is three years’ imprisonment. The revised draft raises the maximum term of imprisonment for the above-mentioned acts. If the circumstances are particularly serious, they will be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined.
The draft of the second instance did not make any new amendments to the provisions of the draft of the first instance, such as the sentencing of the crime of huge amount of property with unknown sources and the crimes committed by people around public officials.
Keywords: 4 MLM crime
Organize pyramid selling to clarify the form of crime
On the basis of adding the crime of organizing pyramid selling, the new draft further clarifies the constitutive elements of this crime form. In the second draft, it is clearly stipulated that in the name of business activities such as selling goods and providing services, organizations and leaders require participants to obtain the qualification of joining by paying fees or purchasing goods and services, and form hierarchies in a certain order, directly or indirectly using the number of developers as the basis for remuneration or rebate, inducing and coercing participants to continuously develop pyramid schemes in which others participate, defrauding property and disrupting economic and social order, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.
"Microsoft’s black screen is no different from hacking." Experts say that Microsoft is suspected of "illegally controlling" the computer system.
■ Expert interpretation
Defining "illegal control" is first of all against the will of the parties. Lv Jingjian, director of china computer federation, said that Microsoft’s previous "black screen" action was the same as that of a hacker from a technical point of view-it modified the computer without authorization.
Microsoft giants (Gates on the left and Ballmer on the right)
[Keywords:] illegal control
Against the will of the parties
As for how to define illegal control, Lv Jingjian, director of china computer federation, thinks that it is against the will of the parties, such as remotely modifying the settings-how to use and configure the computer is the right of the user, and implementing the modification without authorizing a third party is against the will of the parties. In addition, large-scale control of other computer information systems should also be suspected of the provisions of the current draft, but if it is just a prank, it is difficult to define it as a crime.
Lu Jingjian said that from a technical point of view, general computer information systems have loopholes, and if they are discovered by opponents, they will be attacked. The service of providing bug fixes can be regarded as a commitment and responsibility for product quality. And Microsoft’s black screen plan, when repairing for users, left something behind-two plans of Microsoft’s black screen, WGA(WINDOWS Value-added Plan) and OGA(OFFICE Value-added Plan), were released to provide value-added services for genuine users. If Microsoft finds that users are not using genuine products during the service, it will leave a "logic bomb" and black the screen once an hour. Accordingly, he believes that Microsoft is the same as a hacker from a technical point of view.
[Keywords:] information system
Widely used in life
For non-professionals, the understanding of computer information system is usually desktop computer. Lu Jingjian explained that without an operating system, it is also a computer system to directly run operating codes.
At present, the embedded system accounts for more than 90% of the application of computer information system, but it is also a big loophole in network security. For example, some imported printers have embedded processors. When printing through a computer, the data is first stored in the memory, but it will not be deleted after printing, so it may be stolen.
Embedded systems are widely used in elevators, cars and mobile phones, and remote control is entirely possible.
[Keywords:] hacker role
Face up to potential and strengthen guidance
As a director of the Computer Society, Lv Jingjian does not agree to crack down on hackers. "Hackers, Ke Bai and honker have made special contributions to the work of improving technology. For example, 70% of the defects in computer software are detected, and many defects are picked out by these people."
Lv Jingjian believes that they can play their role in many aspects. For example, after the important software comes out, some people can be called to help test it, and some rewards will be given after the test. Lv Jingjian believes that if there are these channels, most people may go in this direction, and the remaining "Jiang Yang thieves" will be few, and the public security departments can also concentrate on dealing with them.
He suggested that after the introduction of the law, the state should introduce supplementary measures and reward mechanisms. "Industry and academia should face up to hackers and guide them to the right path." (The text is a pseudonym) (Wu Peng)
Editor: Wang Jiaolong