The first case in the country!This case, judged

Obviously, I just saw the belt and the cargo in the live broadcast room. As a result, other merchants selling similar products were accurately found. At this time, please note that your information may have been illegally crawled!

Recently, the People's Court of Liangxi District, Wuxi City, Jiangsu Province concluded a crime case that provided an invasion of computer information system procedures. Six months, 2 years of probation. It is reported that the case is the "crawler" case in the country's first short video platform field.

1

Case retrospective

In September 2021, Ding met Ding Mou on the Internet. Ding Moumou said that he had a "reptile" software to obtain a short video platform user data. Through input keyword search, you can quickly grab user information, mainly including the user information, mainly including the user information, mainly including the user information, mainly including the user information, mainly including the user information, mainly includes the user information, mainly includes Username, comment, account UID, etc. If Ding Mou is interested, you can buy agency rights, promote software, and earn the difference from it.

After the trial, Ding felt good, so he decided to agency and sold the software after "changing his head".

Mr. Wu, an employee of an information company, found that someone was selling a "reptile" software during an online inspection. The software could "crawl" his company's background data and the relevant information of the live broadcast room, and immediately called the police. After investigation, the public security organs quickly locked Ding.

The Liangxi Court found out that during the business company, the defendant Ding Mou purchased a "crawler" software agency right from Dingmou (separately), and knew that the software was unauthorized and specially used for it for specially used for it for specially used for it. After the invasion of a short video server, it illegally obtained data from users' nicknames, UIDs and other data. From October to December 2021, the sales staff of Ding sold the company sold the above software to multiple people through the Internet, with a total of 24,360 yuan in illegal income.

The picture shows the trial site

The court believes that the defendant Ding Mou provided others with a program that specializes in invading the computer information system. The circumstances were serious, and his behavior had constituted the crime of providing an invasion of computer information system procedures. In the end, the court sentenced the defendant Ding Mou to one year and six months, the suspended sentence of 2 years, and fined 30,000 yuan to confiscate Ding's illegal income. At the same time, Ding is prohibited from engaging in Internet -related business activities during the probation test period.

2

Judge

Li Peng, deputy president of the Criminal Court of Liangxi District People's Court of Wuxi City, Jiangsu Province, said that in the context of Internet big data, netizens used the Internet to enjoy the convenience of life, and personal data and information are also being provided to the Internet. On the previous, related information and data are not open to all personnel unconditionally and unlimited. It is a prerequisite for the information providers to know and agree, the data custodian permission and authorization, and comply with the rules such as reasonable and legal use, confidential use, and proliferation. Below, there are restrictions and legal use.

In the network environment, computer information system controllers often have various security measures such as password protection, firewalls, identity authentication, and data encryption. Under the circumstances, ordinary people cannot avoid or break through with ordinary technical means. The illegality of "procedures and tools for illegal control of computer information systems" is reflected in the use of cracking, stealing passwords, viruses or backdoor attacks, protocol vulnerabilities and other methods that can be used to avoid, bypass or break through computer information System security measures, without permission, violate the wishes of the computer information system controllers, forcibly or concealed the computer information system of others.

The "reptile" software in this case is essentially "procedures and tools for invasion and illegal control of computer information systems", which belongs to the Internet crawler technology through boundary and illegal use.

The Internet is not a place outside the law. The people's courts punish illegal crimes that use the Internet to endanger cyber security. It not only clarifies the legal boundary, urges Internet practitioners to pay attention to the security of the information system, and the business of legitimate compliance is carried out. Protection, maintaining system security and data security of Internet platforms. At the same time, it also warned related Internet companies to improve security awareness and strengthen network security measures.

3

Expert Reviews

Hu Jie, an associate professor at the School of Law of Jiangnan University, believes that in the face of the rise of short video websites, how to protect the privacy and information of citizens' privacy and information security through criminal law. With the advancement of science and technology and the development of the Internet, the law of the law of privacy is more and more dense. The protection of privacy in the criminal law must be based on ensuring the privacy of citizens, and the sacrifice of personal information and privacy must not be used as the cost of continuous development of science and technology.

In this case, the crime of providing an invasion of the computer information system procedure. Because its constituent elements are "serious plot" as the necessary condition, as a provision of incomplete criminals in a co -crime, when judging the danger of the type of penalties, the judge obeys from the judge from the obligation. The illegal composition of the defendant's help of the criminal behavior was convincing. The software provided by the defendant directly enters the server background and obtains data permissions. It can break through the short video privacy settings to see the data of the user's privacy that ordinary users cannot see. This behavior meets the establishment of the "invasion of the computing information system". Facing the tug -of -war war on modern technology and privacy, this case explores the balance of citizenship rights and the balance of science and technology in this case, and strengthens the protection of citizens' privacy and personal information.

Source: Supreme People's Court (ID: CH_ZGRMFY)

Responsible editor: Qin Daixin

School pair: Guo Yanhui

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