Obviously, I just entered the live broadcast room to take a look at the goods, but other merchants selling similar products have found the door precisely. At this time, please note that your information may have been illegally crawled.
Recently, the People's Court of Liangxi District, Wuxi City, Jiangsu Province concluded a case of the crime of providing procedures for invading computer information systems. The defendant, Ding Mou, was sentenced to fixed-term imprisonment for selling to others "crawler" software that illegally obtained user data of a short video platform. 6 months, suspended for 2 years.
It is reported that this case is the first online "crawler" case in the field of short video platforms in the country.
【Review of the case】
In September 2021, Ding met Ding on the Internet. Ding said that he has a "crawler" software that can obtain user data of a short video platform. By entering keyword searches, user information can be quickly captured, mainly including Username, comment, account UID, etc.
If Ding is interested, he can buy agency rights, promote the software, and earn the difference.
Ding felt that it was good after the trial, so he decided to act as an agent, and sold the software after "makeover".
During an online inspection, Mr. Wu, an employee of an information company, found that someone was selling a "crawler" software, which could actually "crawl" his company's background data and relevant information about users in the live broadcast room, and immediately called the police.
After investigation, the public security organs quickly locked Ding.
After hearing, the Liangxi Court found that the defendant Ding purchased a "crawler" software agent right from Ding (which was dealt with in a separate case) during the operation of the company, knowing that the software was unauthorized and specially used for After invading a short video server, it illegally obtains data such as user nicknames and UIDs for external sales.
From October to December 2021, Ding organized the company's sales staff to sell the above software to multiple people through the Internet, with a total of 24,360 yuan in illegal income.
The court held that the defendant Ding, together with others, provided a program specially used to intrude into a computer information system.
Finally, the court sentenced the defendant Ding to 1 year and 6 months in prison, suspended for 2 years, fined 30,000 yuan, and confiscated Ding's illegal gains.
At the same time, Ding is prohibited from engaging in Internet-related business activities during the probation period.
[The judge's statement]
Li Peng, deputy chief judge of the Criminal Division of the Liangxi District People's Court, believes that in the era of Internet big data, while netizens enjoy the convenience of using the Internet, personal data and information are also continuously provided on the Internet, but relevant information and Data is not unconditionally and unrestrictedly open to everyone, but requires the knowledge and consent of the data provider, the permission and authorization of the data custodian, and compliance with the rules of reasonable and legal use, confidential use, and limited proliferation. Legal use at the border.
The Internet is not a place outside the law. The people's court punishes illegal and criminal acts that use the Internet to endanger network security. It not only clarifies the legal boundaries, urges Internet practitioners to pay attention to information system security, and conduct business in compliance with laws and regulations, but also reflects the information on netizens. Protection, the maintenance of the system security and data security of the Internet platform.
At the same time, it also warns relevant Internet companies to improve their security awareness and strengthen network security measures.
【Expert Reviews】
Hu Jie, associate professor of Jiangnan University Law School, believes that this case is a useful exploration and practice of how to protect citizens' privacy and information security through criminal law in the face of the rise of short video websites.
With the advancement of science and technology and the development of the Internet, the legal protection of privacy is becoming more and more dense.
In practice, the protection of citizens' privacy must be taken as the starting point, and the sacrifice of personal information and privacy cannot be regarded as the price of the continuous development of science and technology.
In this case, the software provided by the defendant directly enters the server background to obtain data permissions, and can break through the privacy settings of short videos to see user privacy data that ordinary users cannot see.
Facing the tug-of-war between modern technology and privacy protection, this case explores the balance between the protection of citizens' rights and the development of science and technology in individual cases, and strengthens the protection of citizens' privacy rights and personal information.
Our reporter Zhang Chen sorted it out