After the reporter exposed the secret photography of black birth, multiple secret photography groups were banned and disbanded
□ The reporter's trainee reporter Zhang Shoukun
□ Our reporter Han Dandong
On December 22, the "Rule of Law Daily" published a draft of "Someone is taking a bath, a group of hundreds of people "quietly watch", reporters undercover investigating the black industry chain with cameras secretly", which triggered a large number of reprints and heated discussions among netizens.
Netizens have proposed that the crackdown on and rectification of secret photography and the sale of secret photography equipment should be stepped up.
On the same day, multiple secret filming groups undercover by reporters were banned or disbanded.
At around 8 o'clock in the morning on December 22, the reporter opened several secret photography exchange groups that he had joined before, and found that one of the groups that originally had more than 8,000 people had been reduced to more than 1,000 people, and prompted "This group is a private group, or you Has been banned by the group manager".
After checking and searching the group with another account, I found that I couldn't join normally as before.
The multiple social platform accounts of the group owners who previously purchased the "toilet map" from the reporter by private messaging have also been cancelled.
At this time, it was less than two hours before the publication of the above manuscript.
The reporter tried to contact a friend "S" who had been added to the sneak shot group before and asked him if he knew what happened in the group.
S said he didn't know too well, but felt that the environment was not so good recently, and reminded reporters to "act again later."
The reporter joined the three groups that used to discuss how to take photos, share the location of the photos, and record the number of shipments per day. They have turned on the mute mode for all members and prohibit sending any messages.
Most of these groups and people are contacted through overseas chat software.
In addition, the reporter noticed that a few people who sold sneak shot equipment and provided mobile phone camera post-modification services updated their news in the "Circle of Friends", "We will not receive the revised orders in the future" and "Please buy some special equipment after a while." Wait.
Some groups originally updated the number of people who purchased equipment every day, but there has been no follow-up in the last two days.
A store that suspended shipments told reporters: "It will return to normal after a period of time."
After the manuscript was sent out, some netizens did not understand: Why do so many people choose to take secret photos?
What's so good about this kind of thing?
The friend "Y" added by the reporter in the sneak shot group is 20 years old this year.
He told reporters that he had not secretly photographed, but he was very interested and found it exciting. For this reason, he joined many groups.
Through the chat records in the previous group, the reporter found that there are still many people like Y.
In addition to pursuing stimulus, some people also want to get financial benefits from it.
A seller selling secret camera equipment revealed to reporters that the profit is very high, "I can't say how much, but the people under my hand feel that even if it is for a period of time, it is worth it. If it is not caught, it will be even more profitable."
Many netizens are also worried: Why can sneak camera equipment be purchased online at will?
The reporter's investigation found that although domestic shopping platforms and social software have increased self-testing and crackdowns in recent years, buyers and sellers can still evade supervision and conclude transactions through voice and keyword changes.
In addition, platforms such as social software are often regarded as the terminal links of transactions, and the product display and discussion stages of the entire link may be completed in overseas anonymous chat software.
Some netizens pointed out that if there is no demand, there will be no market, and both buyers and sellers should commit the same crime.
Then, in the entire black industry chain, what legal responsibilities might the buyer and seller bear?
Zheng Ning, dean of the Law Department of the School of Cultural Industry Management of Communication University of China, analyzed that selling secretly taken videos of other people’s homes, rooms, and rental houses is an act of infringement of privacy and should be liable for infringement in accordance with the law.
If you know that the video was taken secretly, and spread it through live broadcast, forwarding, sales, etc., it violates the Cyber Security Law and the "Regulations on the Ecological Governance of Network Information Content", etc.
Mao Lixin, director of Beijing Shangquan Law Firm, said that even if there are no obscene content in the secretly filmed videos sold and disseminated, there is no information that reflects the identity and activity of specific natural persons. According to the law on public security management and punishment, the perpetrator May still face administrative penalties.
"If there are various information in the video that can reflect the identity and activity of a specific natural person, such as name, ID number, address, whereabouts, etc., from the perspective of criminal law, both parties may constitute a crime of infringing on citizens’ personal information, but they need to The threshold of conviction for'serious circumstances'." Mao Lixin said.
The "Internet Group Information Service Management Regulations" clarify that Internet group creators and managers should perform group management responsibilities, that is, "who builds the group is responsible" and "who manages who is responsible".
"If the group owner directly spreads private information, or knows that it is spreading private information in the group, but has not fulfilled the necessary management responsibilities, he must also bear the responsibility." Zheng Ning said.
Mao Lixin believes that for the controller of the live broadcast, his behavior falls under the provisions of the Public Security Administration Punishment Law to "peep, secretly take pictures, eavesdrop, and spread the privacy of others", but for ordinary viewers, they are not directly peeping through their own cameras. Others peep into the privacy of others through live broadcast (rebroadcasting). Whether their behavior belongs to the "peeping" in the above-mentioned law is still difficult to determine.
"For viewers, if relevant videos and pictures are recorded, photographed, and disseminated while watching, depending on the circumstances, it may constitute the crime of spreading obscene materials for profit, the crime of spreading obscene materials, the crime of infringing on citizens' personal information, etc." Mao Lixin said.
At the same time, many netizens offered suggestions and suggestions on how to completely eradicate secret photography and illegal production, such as strengthening online supervision and cracking down on them, and rectifying them jointly with platforms.
Some netizens also pointed out that in reality, some people exchange secret photography experience and purchase related equipment through "over the wall", and that control should be strengthened.
Zheng Ning said that in accordance with the Interim Regulations for the Administration of International Networking of Computer Information Networks, the act of "climbing the wall" is illegal, and no unit or individual is allowed to establish or use other channels for international networking.
Otherwise, the public security organs will order to stop networking, give a warning, and impose a fine; if there are illegal gains, the illegal gains will be confiscated.
“The construction of the national firewall should be strengthened, actively investigating and cracking down on the use of “over the wall” software for international networking, reducing the intrusion of bad online information from abroad, and purifying the network environment.” Mao Lixin said.
Zhang Xingshui, director of Beijing Jingding Law Firm, suggested that through the establishment of a research steering group for the punishment of cybercrime and maintenance of cybersecurity, coordinate and coordinate the efforts to deepen the crackdown on new types of cybercrime, comprehensively strengthen the research and guidance on the punishment of cybercrime, and update the handling of cases Concept, standardize case-handling activities, improve case-handling mechanisms, and provide normative guidelines for prosecuting cybercrimes in accordance with the law.