China-Singapore Jingwei Client, March 13th (Chang Tao) The newly revised "Regulations on the Management of Internet User Public Account Information Services" (hereinafter referred to as the regulations) have been officially implemented on February 22, stipulating that illegal transactions and trading of public accounts are clearly prohibited .
Recently, some consumers reported to China-Singapore Jingwei reporters that in the half month since the implementation of the new regulations, information subscriptions, short videos, live broadcast platform accounts, etc. are still being sold by individual sellers or professional trading websites at clear prices.
In addition, some personal accounts of Internet users, such as WeChat account and Momo account, are also on sale.
New latitude and longitude in the data map
A Momo account sells for tens of thousands of yuan!
The regulations point out that public accounts refer to online accounts that Internet users register and operate on online platforms such as websites and applications, and produce and publish text, pictures, audio and video and other information content to the public.
This means that the WeChat official accounts and Toutiao accounts that users are familiar with, short video accounts such as Kuaishou and Douyin accounts, and live broadcast platform accounts such as Douyu accounts are all public accounts and are prohibited from trading.
However, the China-Singapore Jingwei reporter noted that some account trading websites have not adjusted their business due to the implementation of the new regulations.
66Xianhao.com is a website that specializes in account transactions. The website has a large number of live platform accounts such as Douyu accounts, Huya accounts and other short video platform accounts for sale.
A reporter from China-Singapore Jingwei noted that each live broadcast platform account details the level, gender of the registrant, whether it is real-named, etc., and each short video account also details the number of fans, authentication subjects, violations, account types, etc. Happening.
The information shows that a 109-level Betta fish account that has been bound to a mobile phone, has no real name, and has a live broadcast room function, sells for 11,555 yuan.
And a 121-level, 25-month "Super Emperor" live platform account without real-name authentication costs as much as 9,999 yuan.
In addition, the website also sells some personal accounts of Internet users at a price.
A "28-level Momo Wealth Account" for sale showed that the account registrant had a male gender, had not been real-named, and had not opened a live broadcast room, and the price was 9,999 yuan.
The sale price of another "Shenhao 9-level Momo Wealth Female" is as high as 66666 yuan.
Momo account for sale listed on the trading website
The customer service of 66Xianhao.com stated that the account information of the platform is uploaded by the seller himself, and the platform is only an intermediary.
"You can take a screenshot of which account you are interested in, and learn more about it." When asked "Why a Momo account is so expensive", the customer service explained,
"The level of the Momo Wealth
Account
is all users who spend money to brush gifts. Yes, it represents the spending power of this account. For example, a 28-level wealth account needs to be paid 1 million yuan to reach it. You are a'local tyrant' on Momo with such an account."
The official website information shows that the main business of the 66 idle account includes live audience account transactions, account rental, popularity, recharge, etc., which was created by Liuliu Xiechuang (Xiamen) Network Technology Co., Ltd.
According to data from the Tianyancha App, the company was established in July 2015, with the legal representative Chen Weifang, with a registered capital of 1 million yuan.
In addition, on a virtual asset service platform called Kumquat Rabbit, various types of short video platform accounts and official accounts are still available for sale.
As of press time, the platform's real-time transaction data shows that there are 107,790 accounts, 88,652 accounts, and a total transaction amount of 226 million yuan.
Each account for sale on the platform also indicates the number of fans, the type of fans, and whether they are real-name certified, and the price ranges from more than one hundred yuan to hundreds of thousands of yuan.
According to data from Tianyancha App, the Kumquat Rabbit platform is affiliated to Sichuan Maoxiaohong Network Technology Co., Ltd., which was established in November 2019, and the legal representative is Li Suting.
Under the new regulations, some platforms say that the transaction will not be affected
The foregoing regulations clarify 10 violations of laws and regulations against public account producers and operators, one of which is:
public account producers and operators shall not illegally register in batches, hoard or illegally trade public accounts.
However, the customer service of 66xianhao.com said, “We are not aware of the new regulations that prohibit trading accounts. At present, all accounts listed on the website can be traded and have not been affected in any way.”
The customer service of the aforementioned Kumquat New Media Service Platform said, “We have noticed the new regulations, but the lawyers told us that it’s not illegal to buy and sell official accounts and short video platform accounts. The regulations issued by the state mainly regulate public information service platforms, not Said account transactions are illegal.” Obviously, the customer service's statement did not match the situation described in the new regulations.
However, some account trading platform staff said that the current account trading business has not been done.
A staff member of Yujiao New Media said, “According to the new national regulations, short video accounts and other accounts can no longer be traded. This is illegal, and the formal platforms are not doing it.”
There is a risk of fraud in buying and selling Internet accounts, or they may become accomplices in the ashes
Regarding Momo accounts being traded on the Internet, Momo customer service stated that according to the relevant regulations on account management, Momo accounts are not allowed to be gifted, borrowed, rented, transferred or sold.
However, the Momo customer service also said, “The
platform cannot prevent Momo accounts from being bought and sold, but there is a possibility of fraud in accounts sold online. It is recommended not to believe it to avoid capital loss.”
A reporter from China-Singapore Jingwei noted that the Momo user agreement states that the ownership of the Momo account belongs to Momo Technology. After the user completes the application and registration procedures, he obtains the right to use the Momo account, which only belongs to the initial application registrant. , Donating, borrowing, renting, transferring or selling is prohibited.
In an interview with China-Singapore Jingwei Client, Hu Gang, Deputy Secretary-General of the Legal Work Committee of the Internet Society of China, believes that the Internet User’s Public Account Information Service Management Regulations issued and revised by the State Cyberspace Administration of China proposed prohibiting illegal transactions and trading of public accounts. On the one hand, It is because public accounts have strong news attributes and strong social mobilization capabilities. It is very important to supervise such public accounts as necessary.
On the other hand, the illegal trading of public accounts challenged the Cyber Security Law.
The "Network Security Law" requires network operators to verify the true identity of network users when providing services. This is the network real-name system.
"But we have seen that many of the public accounts that have been traded do not have real-name systems, or have real-name systems, but will not be changed after the transaction. This violates the relevant provisions of the Cyber Security Law and must be effectively supervised." Hu Gang said.
Zhao Zhanzhu, a lawyer at Beijing Yunjia Law Firm and a special researcher at the Intellectual Property Research Center of China University of Political Science and Law, told the Sino-Singapore Jingwei client that the issue of the protection of virtual property is behind the sale of Internet accounts.
Zhao Zhanzhu said that since legislation has not yet clearly defined the connotation and scope of virtual property, in practice, the practices of various network operators are not the same, but most of them are handled according to user agreements, that is, users agree to user agreements and register The network account obtains the right to use it instead of the ownership. The processing of the network account is based on the user agreement and abiding by the rules set by the network operator, that is, transfer or lending is generally not allowed, and even if the transfer is allowed, it is limited to specific circumstances.
Hu Gang believes that the above-mentioned trading websites have violated relevant laws and regulations by providing convenience and channels for illegal trading and trading of public accounts.
"Although the prohibition of trading and buying and selling Internet accounts is not in the law, the courts attach great importance to administrative regulations when trying Internet-related cases, and will use them as a reference for penalties."
Hu Gang said.
Then, for the public account information service platform, how to prevent the account from being traded?
Hu Gang believes that, on the one hand, it is necessary to continuously improve the platform rules and systems, and indicate in the user agreement that the account is prohibited from trading, leasing, etc.
In case of violation, the platform has the right to reclaim the account.
On the other hand, transparency management should be implemented.
For public account holders of trading transactions, their personal registration information shall be disclosed.
Meng Bo, a lawyer from Beijing Jingshi Law Firm, told the Sino-Singapore Jingwei client that the trading of public accounts involves the circulation of virtual property, and at the same time, the potential legal risks of this behavior cannot be ignored.
"After the account is sold, many violations may occur, such as counterfeiting and selling, online fraud, etc. Taking counterfeit sales as an example, criminals use the purchased account to sell fakes. Once the account is found to be blocked, they can completely Buy new accounts and continue to sell fakes. As a result, whether it is from the perspective of government functional departments or the platform, it will be more difficult to supervise."
"What was sold was not just an account, but also your real-name identity. On the surface, you just rented out and reselled your Internet account, but in fact you may become an online ash asset without your knowledge. Accomplices."
An industry insider called.
(Zhongxin Jingwei APP)
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