Bitcoin constitute extortion blackmail? Judge: bitcoin non traditional property

Bitcoin constitute extortion blackmail? Judge: bitcoin non traditional property

   

The middle of last month, a “WannaCry” virus outbreak in the world, China also has a large number of computer caught”. The attack in the computer documents, photos and other files are encrypted, the user only paid bitcoin ransom back, otherwise the file will be deleted. Related cases in recent years, hacker attacks and destructive activities showed a trend of linear growth, the country has a similar case. Presumably the hearts of many people have doubts, extortion extortion behavior and the traditional bitcoin on? For virus way to ask for virtual property behavior, and with the traditional meaning of blackmail and impose exactions on what are the differences? In this regard, the judge made a professional answer before the Beijing morning news reporter.

Recognize bitcoin status

Germany

In August 2013, admitted the legal status of bitcoin, has been incorporated into the national regulatory system, has become the world’s first recognized the legal status of bitcoin countries.

Japan

In May 2016, Japan’s first approved digital currency regulation bill, and the definition of bitcoin property.

Canada

Admit that bitcoin currency in December 2013, the world’s first bitcoin ATM machine is put into use in Vancouver.

Do not recognize bitcoin status

Thailand

The sale of bitcoin, bitcoins for the purchase or sale of any goods or services, there is bitcoin exchanges with anyone outside of Thailand, in Thailand are considered illegal, is the first to ban bitcoin countries.

The Republic of Korea

Refused to accept bitcoin currency that bitcoin is not a real investment.

“Hacker crime” which is divided into several?

“Endanger the safety of computer information system behavior, also called popular hacker crime.” Haidian court two criminal court judge Jiang Nan said that the current criminal law of our country the main provisions of the 4 charges, each focusing on the regulation of behavior.

The hacking of special system

On September 2013, the defendant Hwang VPN dialing illegal invasion of Zhejiang province government intranet, rented server, by hacking software, scanning and invasion of Changxing County government, Zhoushan municipal government, Huzhou Municipal Health Bureau, Zhuji City Public Service Center at the 30 government service, using software tools to scan host vulnerabilities the server, into a large number of malicious programs. After Hwang found guilty of trespass on computer information system crime, sentenced to 4 months imprisonment, suspended for 8 months.

The illegal invasion of computer information system, mainly refers to the invasion of computer information system of state affairs, national defense construction, cutting-edge science and technology behavior.

The hacking of common system

On April 2013, the defendant longmou use the leased Zhenjiang city of Jiangsu Province, the server, the use of illegal means to invade Jiangsu China Telecom Co Changzhou branch node ITV host server by planting Trojan program, the node control equipment, terminal equipment and control of the 5000 users of the node corresponding to the node, causing 26 server equipment the replacement of electric. After longmou guilty of illegal control of computer information system crime, sentenced to 3 years imprisonment, suspended for 4 years, and fined 30 thousand yuan.

On March 15, 2015, the defendant Hemou invaded Beijing Alibaba through the Internet Cloud Computing Technology Co., Ltd and download server, the virtual machine account and password of a total of 11506 groups. After Hemou guilty of the crime of illegal access to computer information system data, and sentenced to 3 years imprisonment, fined 10 thousand yuan.

The application of the two cases is the same selective charges, namely illegal access to computer information system data, illegal control of computer information system crime. The two charges, refers to the addition of special systems, intrusion system, access account and password and other authentication information or control computer system behavior by means of technology.

Hacking tools available behavior

From January 2015 to August, the defendant Huang QQ group by computer on the Internet in sales to others to invade, control of the web server webshell web Trojan program, through the Alipay deal 49 times, to obtain illegal income 10260 yuan. Judicial appraisal, the program is read, write, modify and delete permissions to access to the web server file using website vulnerabilities. After Hwang guilty of providing intrusion, illegal control of computer information systems programs, tools of crime, sentenced to 11 months imprisonment, fined 10 thousand yuan.

Huang provided Trojan behavior, essentially provides tools for hackers behavior. Provide intrusion, illegal control of computer information systems programs, tools of crime, mainly is the pointer on the network to provide tools for hackers behavior.

Hacking system failure

The defendant xiaomou, Dongmou was premeditated invasion of Beijing in March 2014, handle network technology limited company website, by modifying the data inflated handle network account balance, theft of more than 150 yuan coupons and group purchase in online sales with low discount, profit of more than 100 yuan, resulting in pull hand net loss of more than 120 million yuan. It is understood that two people are proficient in the knowledge of the network hacker.

The court held that, xiaomou, Dongmou to the illegal possession for the purpose of secret theft of property, a huge amount, their behavior has violated the criminal law, should be punished for theft. At the same time, two people in violation of state regulations, modify, increase the behavior of the computer system of data and procedures, and comply with the provisions of the criminal law on the crime of destruction of computer information systems.

The crime of destroying computer information system refers to the system, the information within the system to delete the operation effect of system function, data, application of normal operation, serious consequences or intentionally producing and disseminating computer viruses and other destructive procedures, affecting the normal operation of the system behavior.

WannaCry relates to what charges?

Jiang Nan said that China’s current judicial practice common hacker extortion is DDOS attack (i.e., by controlling the puppet machine occupy the cyber source to make the target system to normal service) and extortion virus. The general behavior, convicted of crime of the crime of destroying computer information system or blackmail and impose exactions on.

Jiang Nan explained that, according to the current situation, the hacker cable property can be divided into two steps, the first step is through the means of crime behavior of network attacks, implant viruses and other methods, influence the function of a computer system, the normal operation of the second step; criminal purpose behavior is to prevent the normal operation, delete data by threatening to the interests of the main machine, web site operators and other relevant people ask for money.

The “WannaCry” virus “worm type virus belongs to blackmail”, is capable of self replication, propagation and destruction of computer system function, in particular trigger conditions (7 days to pay the ransom) to destroy the system data destructive procedures, at the same time, the attack of infectious software or hardware can not be the normal operation of the computer system, so means to act in accordance with the crime of destroying computer information system crime.

The crime of blackmail and impose exactions on refers to the illegal possession for the purpose of taking the threat or blackmail means, forced to extort. If the hacker network attacks, destruction of documents, not unlock way to ask for money, in accordance with the constitution of the crime of blackmail and impose exactions on. Jiang Nan believes that this virus cable property violated the above-mentioned two charges.

On the crime of destruction of computer information systems depends more on the influence of the computer system, number of economic losses, the system can not run time, mainly depends on the crime of blackmail and impose exactions on the amount of money demanded. “In the judicial practice, if the defendant also committed the crime of destroying computer information system and the crime of blackmail and impose exactions on two counts, tend to choose a discretion results more serious charges apply.”

Bitcoin is included in the scope of property?

The “WannaCry” virus event also has a unique, is that hackers for bitcoin is not ordinary money, this is rare in the current judicial practice. But Jiang Nan also told the Beijing Morning Post reporter, at present the virus for bitcoin extortion case, the public prosecutor to the crime of blackmail and impose exactions on the prosecution to the court, now the case is still pending in the process.

Bitcoin is a virtual product, its legal nature is property or electronic data remains controversial. If the bitcoin as electronic data, and are not included in the criminal law protection of “property” category, then ask for bitcoin behavior does not accord with the constitution of the crime of blackmail and impose exactions on.

The reporter learned that, in 2013, two high issued “on the handling of some issues of applicable law in criminal cases of theft explanation”, the drafters have stated that the theft of virtual property should not be punished by theft, the main consideration to the nature of the virtual property is the computer information system data, if the interpretation for the property, will be beyond the reasonable scope of legal interpretation.

Whether for bitcoin constitute extortion?

Judge: virus cable property involving two charges, bitcoin non traditional property

The middle of last month, a “WannaCry” virus outbreak in the world, China also has a large number of computer caught”. The attack in the computer documents, photos and other files are encrypted, the user only paid bitcoin ransom back, otherwise the file will be deleted. Related cases in recent years, hacker attacks and destructive activities showed a trend of linear growth, the country has a similar case. Presumably the hearts of many people have doubts, extortion extortion behavior and the traditional bitcoin on? For virus way to ask for virtual property behavior, and with the traditional meaning of blackmail and impose exactions on what are the differences? In this regard, the judge made a professional answer before the Beijing morning news reporter.

Recognize bitcoin status

Germany

In August 2013, admitted the legal status of bitcoin, has been incorporated into the national regulatory system, has become the world’s first recognized the legal status of bitcoin countries.

Japan

In May 2016, Japan’s first approved digital currency regulation bill, and the definition of bitcoin property.

Canada

Admit that bitcoin currency in December 2013, the world’s first bitcoin ATM machine is put into use in Vancouver.

Do not recognize bitcoin status

Thailand

The sale of bitcoin, bitcoins for the purchase or sale of any goods or services, there is bitcoin exchanges with anyone outside of Thailand, in Thailand are considered illegal, is the first to ban bitcoin countries.

The Republic of Korea

Refused to accept bitcoin currency that bitcoin is not a real investment.

“Hacker crime” which is divided into several?

“Endanger the safety of computer information system behavior, also called popular hacker crime.” Haidian court two criminal court judge Jiang Nan said that the current criminal law of our country the main provisions of the 4 charges, each focusing on the regulation of behavior.

The hacking of special system

On September 2013, the defendant Hwang VPN dialing illegal invasion of Zhejiang province government intranet, rented server, by hacking software, scanning and invasion of Changxing County government, Zhoushan municipal government, Huzhou Municipal Health Bureau, Zhuji City Public Service Center at the 30 government service, using software tools to scan host vulnerabilities the server, into a large number of malicious programs. After Hwang found guilty of trespass on computer information system crime, sentenced to 4 months imprisonment, suspended for 8 months.

The illegal invasion of computer information system, mainly refers to the invasion of computer information system of state affairs, national defense construction, cutting-edge science and technology behavior.

The hacking of common system

On April 2013, the defendant longmou use the leased Zhenjiang city of Jiangsu Province, the server, the use of illegal means to invade Jiangsu China Telecom Co Changzhou branch node ITV host server by planting Trojan program, the node control equipment, terminal equipment and control of the 5000 users of the node corresponding to the node, causing 26 server equipment the replacement of electric. After longmou guilty of illegal control of computer information system crime, sentenced to 3 years imprisonment, suspended for 4 years, and fined 30 thousand yuan.

On March 15, 2015, the defendant Hemou invaded Beijing Alibaba through the Internet Cloud Computing Technology Co., Ltd and download server, the virtual machine account and password of a total of 11506 groups. After Hemou guilty of the crime of illegal access to computer information system data, and sentenced to 3 years imprisonment, fined 10 thousand yuan.

The application of the two cases is the same selective charges, namely illegal access to computer information system data, illegal control of computer information system crime. The two charges, refers to the addition of special systems, intrusion system, access account and password and other authentication information or control computer system behavior by means of technology.

Hacking tools available behavior

From January 2015 to August, the defendant Huang QQ group by computer on the Internet in sales to others to invade, control of the web server webshell web Trojan program, through the Alipay deal 49 times, to obtain illegal income 10260 yuan. Judicial appraisal, the program is read, write, modify and delete permissions to access to the web server file using website vulnerabilities. After Hwang guilty of providing intrusion, illegal control of computer information systems programs, tools of crime, sentenced to 11 months imprisonment, fined 10 thousand yuan.

Huang provided Trojan behavior, essentially provides tools for hackers behavior. Provide intrusion, illegal control of computer information systems programs, tools of crime, mainly is the pointer on the network to provide tools for hackers behavior.

Hacking system failure

The defendant xiaomou, Dongmou was premeditated invasion of Beijing in March 2014, handle network technology limited company website, by modifying the data inflated handle network account balance, theft of more than 150 yuan coupons and group purchase in online sales with low discount, profit of more than 100 yuan, resulting in pull hand net loss of more than 120 million yuan. It is understood that two people are proficient in the knowledge of the network hacker.

The court held that, xiaomou, Dongmou to the illegal possession for the purpose of secret theft of property, a huge amount, their behavior has violated the criminal law, should be punished for theft. At the same time, two people in violation of state regulations, modify, increase the behavior of the computer system of data and procedures, and comply with the provisions of the criminal law on the crime of destruction of computer information systems.

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