The latest provisions of the criminal law theft of QQ carefully sentenced to 7 years

The latest provisions of the criminal law theft of QQ carefully sentenced to 7 years

March 9, 2017 tbdwgekl 0

author profile: well-known Internet lawyer, director of Beijing Sheng Feng law firm.

since the birth of the Internet, crazy hackers and virus let countless users suffer but not in. Recently, the criminal law amendment (seven) draft added as follows: "invade other computer information systems, access to storage, processing or transmission of computer data in the information system, or the implementation of illegal control of computer information system, if the circumstances are serious, three years imprisonment or criminal detention, or impose penalties; plot particularly serious, more than three years of fixed-term imprisonment of seven years and shall also be fined."

new regulations to properly address the current criminal law in the protection of network security deficiencies, the use of computer attacks constitute a crime is more detailed. The new regulations are based on the interests of the majority of citizens in the community, involving the privacy of citizens, affecting the normal social order of some computer crimes, the interests of the majority of citizens in society. Later, even if the user QQ, online account stolen, can also be prosecuted under criminal criminal responsibility daohaozhe.

previously, the criminal law, resulting in a computer system can not run normally constitute a crime, or invasion of a specific national system such as the national defense system, such as endangering national security will constitute a crime. But in fact, most of the "virus", "hacker" is the case for online game server, user account and password, the electronic banking system and other civil system, the civil service system does not belong to the "cutting-edge science and technology", therefore, can not constitute a "invading the computer information system crime".

if these hackers just steal information, without any changes and sabotage activities, in accordance with the provisions of the previous criminal law 286, does not constitute a crime of destroying computer information systems". Thus, the hacking of these servers can not bear criminal responsibility, leading to the judicial organs in dealing with more and more "virus" and "hacker" cases, at a loss, too.

at present, the virus makers and hackers have formed a production and supply chain industry chain. The new regulations by criminal responsibility of virus writers, to be "a fundamental solution" in the hacker industrial chain up. Those who write "virus" and "Trojan horse" program of the master computer, can not continue to go unpunished; those who knowingly implement hacking and write a program for the people, even if not directly involved in the implementation of specific hacking, will also be investigated for criminal responsibility.

user account and password, electronic banking system is related to a large number of Internet users of information security and virtual property security, if it is invaded, is bound to cause great social harm. In view of this, the current criminal law targeted revision is one the country, and are conducive to the important legislative activities China information security and the development of electronic commerce.

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