Remote test site
2009125 October, Beijing Fengtai District Procuratorate filed a public prosecution against Cai for allegedly providing programs to invade computer information systems. After trial, Cai was sentenced to five years in prison, fined RMB 654.38+10,000, and recovered illegal income of RMB 6 million. After closing the case, Fengtai District Procuratorate issued procuratorial suggestions to promote cyberspace governance. Recently, prosecutors paid a return visit to the implementation of procuratorial suggestions.
Developing auxiliary software for idolization
Soon after, the "Star Help" App was born. 2065438+In August 2008, Cai established Quanzhou Xingyuan Network Technology Co., Ltd., whose main business is to operate Xingyuan App.
Due to its convenient operation, this App is widely used in stars and fan circles.
Binding Weibo account more than 50 million.
At first, the "Star Help" App was free and open. With the rapid increase in the number of users, the operation and maintenance of software requires costs, so Cai thought of adopting the operation mode of "membership system" and "buying love beans".
At about 2018165438+122 October 15, the internal monitoring of Beijing Wei Meng chuangke network technology co., ltd., an operating company of Sina Weibo, found that an App named "Xingyuan" affected the stability and normal operation of Sina Weibo website system, and called the police. Fengtai Branch of Beijing Public Security Bureau filed a case on February 20th, 20 18, and submitted it to Fengtai District Procuratorate for approval of arrest on April 4th, 20 19. In April of the same year 1 1, the procuratorate made a decision to approve the arrest. On June 3, 20 19, the public security organ transferred it to Fengtai District Procuratorate for review and prosecution. According to statistics, by the time of the crime, users of the software had logged in with Weibo accounts of more than 654.38+0.9 million control terminals. The above-mentioned control terminal account was bound to Weibo account of more than 50 million yuan, and Cai received a recharge amount of more than 6 million yuan.
According to Cai's confession, his illegal income is mainly used for buying houses except for company expenses. He bought a house and two dealers in Quanzhou, worth about four or five million.
"Cai provided others with a program specially used to invade Sina Weibo's computer information system, and the illegal income was more than 6 million yuan. The circumstances are particularly serious. His behavior violated the third paragraph of Article 285 of the Criminal Law of People's Republic of China (PRC) and constituted the crime of providing procedures for invading computer information systems. " Liu Liang told reporters that in the era of new Internet media and big data, data has become an important symbol of the development and success of many industries. "False data and the' brushing data' behind it are detrimental to the credibility of the online media platform, laying a hidden danger for the long-term development of the industry, which deserves vigilance."
Break through professional barriers and achieve accurate accusations.
This case involves computer expertise such as software programming and decompilation, which brings great challenges to prosecutors. At the same time, Cai put forward relevant excuses from the perspective of computer science, which also invisibly increased the pressure on prosecutors to handle cases.
In the process of handling the case, Fengtai District Procuratorate made full use of the professional synchronous auxiliary evaluation mechanism to apply for technical experts from the Science and Technology Information Center of Beijing Procuratorate to participate in marking, provide professional guidance, answer questions and solve professional barriers in technical appraisal.
"After consulting technical experts, we found that Cai obtained the source code through decompilation and other means, and obtained the key and specific algorithm from the source code, so that the' Star Help 'App can pretend to be an ordinary client and interact with the Sina Weibo server." Liu Liang said that with the "blessing" of professional and technical personnel, the case-handling team successfully clarified the functional principles of the software involved, cracked professional barriers, accurately identified the facts, and ensured the quality and effectiveness of handling cases.
2019165438+125 October, Fengtai district procuratorate prosecuted Cai for allegedly providing programs to invade computer information systems.
In the final statement stage, Cai expressed regret: "Because of my criminal behavior, a company suffered losses, and I was in prison, unable to complete the wedding with my beloved, and missed the company when my first child was born ..."
In the end, the court decision supported all the accusations of the procuratorate. Defendant Cai did not appeal.
Procuratorial suggestions boost cyberspace governance.
Procuratorial organs have played an important role in warning and educating crimes similar to traffic fraud by accurately cracking down on the first case of "Lunbo" in China, but the prosecutors of Fengtai District Procuratorate have not stopped the pace of network environment governance.
In the process of handling the case, the hospital found that Wei Meng Chuangke Company had loopholes in technical protection measures. In view of the above problems, the prosecutor conducted a preliminary counterpart investigation, and went to the Sina headquarters building on July 3, 20201to have a discussion and exchange with its legal, technical and management personnel, and issued a procuratorial proposal.
Procuratorial suggestions put forward specific measures from three aspects: content, technical protection and account management. It is suggested that Wei Meng Chuangke Company should establish cooperative relations with relevant administrative departments, public security organs, commercial companies and technology companies, and work together to identify the water army from multiple angles and crack down on illegal production from multiple dimensions; We should strengthen the technical and human input of content audit and increase the content of displaying current positive energy information; Real-time supervision and timely remedy of program vulnerabilities, as well as exploration and application of new technologies; Strengthen cooperation with relevant units to rectify the chaos of selling Weibo accounts. At the same time, the procuratorial suggestions also jumped out of the problems reflected in the case. Starting from the social responsibility of Wei Meng Chuangke Company, it is suggested that it spread more rational voices and promote the positive energy of society; Set the agenda scientifically to avoid the "group polarization" effect; Actively guide social psychology, avoid the spread of false information, create a healthy and clear network public opinion atmosphere, and promote the good development of network ecology.
After receiving the procuratorial proposal, Wei Meng Chuangke Company approved the proposal, and timely improved the technical protection measures and safety planning strategies. On September 30th, 2020, Wei Meng Chuangke Company reported the rectification to Fengtai District Procuratorate. In April, 20021,the prosecutor called back to Wei Meng Chuangke Company, and the other party said that the social governance effect was remarkable, similar behaviors were reduced, and the network environment was purified to some extent.
"Cyberspace is not a place of extra-legality. It is also the mission and responsibility of the procuratorate to create a clear and ecologically sound cyberspace. " Li, the chief procurator of Fengtai District Procuratorate, said that in the future, the hospital will establish a cooperation mechanism with relevant departments to achieve a precise blow to related crimes, and at the same time shoulder social responsibilities and contribute to the procuratorial work of * * * to govern the network environment.
Deputy to the National People's Congress and chief engineer of Beijing Construction Engineering Quality Third Inspection Institute Co., Ltd.
Combined with judicial cases, procuratorial organs play the role of procuratorial suggestions, combine punishment with prevention, actively and comprehensively perform their duties, promote industry governance, and show procuratorial actions in cyberspace governance.
Traffic fraud is destroying the market order of fair competition and eroding the social trust in cyberspace. Justice is the last line of defense to maintain social fairness and justice. The healthy and orderly development of the Internet platform economy can be achieved by taking multiple measures and precise governance. For the platform, "it is the responsibility to keep the soil" cannot be absent, and it is necessary to increase investment in abnormal data monitoring and fake space shielding; For the public, we should also consciously enhance legal awareness, establish correct values, and avoid becoming an accomplice to crime.
Wan Jianzhong, deputy of Beijing Municipal People's Congress and professor of Beijing Normal University.
This case is an example of the procuratorial organ's promotion of cyberspace governance, which shows the positive attitude of the procuratorial organ in maintaining network order. Network security is related to national security, and the cyberspace is clear and ecological, which is in line with the interests of the people. Traffic fraud violates the basic principle of honesty and challenges the bottom line of law, and its harmful consequences should not be underestimated. To curb data fraud, we not only need to rely on technical force to reduce computer program loopholes, but also need law enforcement and judicial departments to attack with a sword and pierce the cancer of transaction flow. In view of the current grim situation of cyber crime, it is hoped that the procuratorial organs will continue to maintain the high-pressure situation of cracking down on crime and ensure a more peaceful network.
Zhang Xuemei, deputy of Beijing Municipal People's Congress and executive director of Beijing Youth Legal Aid and Research Center, said.
In the era of "everyone has a microphone", the self-purification of the network is more difficult. Driven by interests, some people unilaterally pursue "data is king" and "traffic is supreme", take risks in order to seek benefits, and even embark on the road of crime. The accurate prosecution and powerful attack by the procuratorate on the first case of "Lunbo" in China sounded the alarm for the majority of star fans, similar software companies and platforms. This is good news for cyberspace governance. Combating cheating was not done in a day. It is hoped that the procuratorial organs will establish a cooperation mechanism with relevant departments and adhere to the whole chain punishment, comprehensive punishment and professional punishment.