Hire a hacker attack peer website, double sentence

Because of suspicion that competitors attacked their company's website, they hired a hacker attack on the opponent's website for "counterattack", causing the server for more than an hour, causing a large economic loss to the other party. Such improper competition has broken the rules of the industry and violates national laws. Procuratorate launched a specialized handling of case handling, effectively maintaining market competition order, and creating a good environment for the development of the private economy. Recently, a network technology company handled by the Chongchuan District Procuratorate of Nantong City was rated by the Supreme People's Procuratorate as a typical case of punishing the market competition order by the Supreme People's Procuratorate in accordance with the law.

Nantong Tengfei Network Technology Co., Ltd. (hereinafter referred to as "Tengfei Company") is a spinning e -commerce private enterprise. In early December 2017, the legal representative of Tengfei Company Wan Moumou attacked the website of his company because of suspicion of competitors, Yuan Da Company, and decided to hire a hacker to attack the website of the distant company (the website is more than 10,000 or more Users provide services). On December 12, 2017, Wanmou hired a hacker Liu Mou to attack the website of the Yuanda Company. Liu Mou hired Zhu and others to jointly conduct DDOS attacks on the website of the large company, which caused the server rented by the website. From 17:15 to 18:30, there is no traffic and cannot run normally. In order to deal with traffic attacks and restore website functions, Yuanda Company performed anti -DDOS attack services.

In April 2018, the procuratorial organs were invited to send members to intervene in advance to fully understand the case. The procuratorial organs believe that this case should be punished by destroying the crime of the computer information system. In contrast to the criminal composition elements and the standard of pursuing the case, multiple guidance investigations suggestions: retrieve the DDOS attack records, traffic data, defense logs, cloud server work orders and other objectives involved in the case. Evidence, clarify the facts such as attack methods, attack time, and unable to run normally; the situation before the incident of the victim's unit incident, including the registration time, quantity of merchants, and transaction conditions of individual users, the number of users of computer information systems; The unit to purchase security services, the cost of payment of the security services, etc., to find out the direct economic loss caused by the network attack to the victims, and the necessary costs for the restoration of data and functions. At the same time, in order to ensure the normal operation of the crime enterprise, the procuratorial organs suggested that the criminal suspects have adopted non -detention measures for all criminal suspects. According to the opinions of the procuratorial organs, the public security organs carried out further investigations and supplemented and improved evidence.

"DDOS attack cases have problems such as difficulty tracing, difficulty in causal relationships, and inconsistent economic losses." In order to overcome technical problems, procuratorial organs have widely listened to expert opinions. In order to accurately identify the facts of crime and applicable laws, the Chongchuan District Procuratorate of Nantong City relying on Nantong's financial network criminal research base to play the role of academic and technical committees, and the number of users in the crime of destruction of computer information systems with college professors and network technicians on the crime of destruction of computer information systems. Losses, causal relationships and other issues are fully discussed to provide theoretical support for case handling.

On August 13, 2019, Professor Xue Jun, deputy dean of the School of Law of Peking University, taught the "E -Commerce Law and Network Governance Space" and invited two companies involved in the case to listen to lectures.

These theoretical support ultimately provides strong support for alleging crime. During the trial of the court, the defender proposed that the causal relationship between the attack and the result was not exclusive, and the number of registered users of the website could not rule out new defense opinions after the incident. In response to the defense opinions, the public prosecutor applied for expert witnesses to appear in court, and issued opinions on the website's traffic attacks that could not run normally.

The public prosecutor believes that according to the defendant's confession, witness testimony, WeChat chat records, transfer records, Tencent Cloud Server abnormal diagnosis reports, Tencent Cloud Workers, security agreements, etc. Points that do not actually run normally, the victims purchase protective packages, and the time point for the protection of the security company to protect the protection of the security company to form evidence chains, which is enough to confirm that the defendant's employment of a hacker attack the victim's website makes the website unable to run normally for more than 1 hour. At the same time, the public prosecutor pointed out that investigators extracted the website registered user data in accordance with the legal procedures. After removing invalid data and repetitive data, the number of website users should be identified; the website appraisal documents provided by the victims and the application materials of the first two years before the incident should be provided. The news report also shows that the situation and growth of website users also consolidate the evidence basis for accurately identifying the number of website users.

On September 27, 2018, in response to the difficult problems of this case, the procuratorial organs entered the Guanghua Law College of Zhejiang University to carry out a special seminar on "evidence collection and qualitative of cybercrime" and seek external brain support for case handling case handling cases.

"Both parties in this case are e -commerce private enterprises in Nantong's home textile sales. The cause of the case is that the case between enterprises is informal competition. When punishing crimes, they should also pay attention to protecting the development of the private economy." In the handling of the case Essence The number of websites is an important evidence to destroy the crimes of the computer information system. It is also the core competitiveness of the e -commerce platform to survive. To this end, the procuratorate suggested that investigators extracted the electronic data of the relevant membership information of the victims according to law, but the binding was made into a secret volume. Only the case handling units and lawyers were reviewed. With the scope of knowing, eliminating the concerns of the victims worrying about data leakage, and actively cooperating with the investigation authority to investigate and obtain evidence.

"Traveling is an enemy, but it is also a potential partner." In order to promote the reconciliation between the two parties, the procuratorial organs visited two units on the spot many times to explain from the perspective of selling the healthy development of the e -commerce industry in the home textile industry to maintain a fair market competitive environment.In the end, Tengfei voluntarily compensated RMB 500,000 to Yuanda Company, and the two parties reconciled.On November 30, 2018, the People's Procuratorate of Chongchuan District, Nantong City, Jiangsu Province filed a public prosecution to the People's Court of Chongchuan District with the crime of disrupting the computer information system.On October 21, 2019, the court sentenced the Tengfei Company to the computer information system for 100,000 yuan, and sentenced Wan Moumou and others to be sentenced to two years to three years.

Source: Nantong Chongchuan Procuratorate

Edit: Wang Jirong

Review: Wu Ping Zhao Aiguo

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