socket water cup coat hook
could be converted into "spy" devices
Investigation of Internet Platform Selling Eavesdropping and Eavesdropping Equipment
Power banks, plugs, sockets, water cups... The inconspicuous items around you in daily life may be "spy" devices with the function of eavesdropping and locating photos.
Recently, some media reported that there are many modified "spy" charging treasures on the market. Just by modifying a built-in communication SIM card, the charging treasure can be transformed into a "bugger" and "locator", which can be realized anytime, anywhere. Remote monitoring and precise positioning.
A reporter from the "Rules of Law Daily" found that such products that seriously violate personal privacy and are suspected of breaking the law are not limited to power banks.
Some online stores said that they can modify and customize various items. Common Bluetooth speakers, plugs, wallets, lighters, etc. in life can be modified into bugs and locators, and consumers can purchase them through relevant e-commerce platforms.
Several police officers and relevant experts introduced that such commodities are characterized by specialization and high concealment, which makes punishment difficult. It is recommended to increase the crackdown on the black and gray products of eavesdropping and eavesdropping. At the same time, market supervision departments, electricity Business platforms and other relevant entities should also strengthen supervision, purify the market, and protect the legitimate rights and interests of citizens.
Eavesdropping and eavesdropping are rampant
Spy goods are all kinds of tricks
"Want to know who said bad things about you? Eavesdropping on girls talking, employees talking, all kinds of eavesdropping, this product is highly penetrating, glass, metal, doors and windows, walls can be easily penetrated, and it can amplify listening... The device is close to the wall, turn on the device, and know exactly what happened next door! The conversation is clear and in-ear!" In a small program called "Touch the Store", there is an online shop selling eavesdropping artifacts under the banner of "health care products for couples"" The wall has ears."
The store classifies the product in the "Sneak video" column. The original with a full set of plug-ins is priced at 380 yuan. It has headphones and a recording output hole.
When the reporter inquired about "the wall has ears", the customer service continued to recommend other products in the store, claiming that "the wall has ears" can only listen to sound, and other devices that can secretly shoot video and locate, such as video bracelets, video cups, modified mobile phones, remote Video bluetooth speaker, remote video handbag, etc.
The customer service told reporters that modification is also an important business in the store, as long as the items are not too small, they can be modified.
It is most convenient to convert small objects such as coat hooks and sockets that can be seen everywhere in life into eavesdropping equipment, because "it will not attract attention".
There are not a few online stores that secretly sell eavesdropping and eavesdropping tracking and positioning equipment.
The reporter's investigation found that on some online shopping platforms, searching with keywords such as "monitoring", "remote recording", "precise positioning" and "camera" can still find a large number of related products, such as car GPS, remote voice recorder, car tracker Etc., there are many products in the name directly marked "tracking artifact" "jian listening" and other content in the form of homophonic or pinyin.
On the product details page of a certain GPS locator, a "small theater" was staged in a video introducing the product's functions. In order to understand her husband's itinerary, the wife quietly stuffed a half-palm-sized locator into her husband. In the gap between the car seats of , the text of the video is "Positioning black technology, he knows where he goes every day".
In the evaluation of this product, many buyers shared their "tracking and eavesdropping" experience.
A netizen said, "Usually he always runs out. He said that the company is busy for several days at a time. Let me see where he is going. The positioning is very good, you can clearly see his location, and it has been used for many days without being found. ." On the question-and-answer interface of this product, many consumers left messages asking questions such as "Can I monitor", "Is it concealed", and "Can it be used to catch mistresses?"
Still others offer wiretapping equipment or vehicle wiretapping services through social platforms.
The reporter posted on a social platform that "vehicle positioning" was needed, and soon several users chatted privately that they could provide related services.
One of the netizens named "Luyi" directly proposed that the buyer provide the license plate and vehicle location, and they can go directly to the site for installation. The total cost of toll, equipment, labor, etc. is about 1,200 yuan.
Need to be wary of sales loopholes
May violate multiple laws
According to the interviewed experts, at present, products such as GPS trackers have not been included in the national compulsory product certification catalogue, and can be sold normally online, and remote recording equipment can also be purchased.
However, various "spy" commodities such as eavesdropping and eavesdropping have made many people victims.
On a certain sharing social platform, after searching with keywords such as "eavesdropping" and "candid photography", the reporter found that many netizens shared relevant experiences.
Some netizens said that they accidentally saw the chat records of her ex-boyfriend and friends, and found that her ex-boyfriend had placed a location eavesdropping device in her car. When she questioned her ex-boyfriend, the other party said that it was because she "cared about" her too much. And at that time, the two were male and female friends, and the ex-boyfriend did not think his behavior was out of line.
Zhang Zhongkai, a lawyer from Beijing Gaojie Pengkai Law Firm, told reporters that my country's criminal law clearly stipulates the crime of illegally producing and selling special espionage equipment, eavesdropping and photographing special equipment.
The Judicial Interpretation of the "Two Highs" on handling criminal cases of infringing on citizens' personal information expands the scope of personal information to various information that can identify the identity of a specific natural person or reflect the activities of a specific natural person alone or in combination with other information.
"Under this concept, addresses and whereabouts are also included in the scope of criminal law protection, which further confirms the illegality of products such as eavesdropping, eavesdropping, and tracking that can lock citizens' personal addresses and whereabouts. Commodities of eavesdropping devices are prohibited by law." Zhang Zhongkai said.
Xie Shu, an associate professor at the School of Criminal Justice at China University of Political Science and Law, said that even if it is used between acquaintances, it may still constitute infringement without the other party's knowledge.
The right to privacy includes the right to tranquility of personal life and the right to privacy of personal communications, etc. Eavesdropping and tracking may constitute infringement.
Only under certain circumstances, authorized state organs can monitor according to law.
He mentioned that with the advancement of science and technology, the threshold for the production, sale and use of "spy" commodities such as eavesdropping, photo-tapping, and positioning has been lowered.
Different from general audio recording and photographic products, since it is "piracy", it means that it is a product used without permission. This should be strictly managed to avoid serious consequences due to abuse.
In Zhang Zhongkai's view, it is impossible to generalize how to judge products such as GPS trackers and remote audio and video equipment.
Such commodities have their legal and legitimate use functions, and ordinary citizens and organizations have legitimate use needs, such as parents' positioning of children during outdoor activities, and citizens' use of remote audio and video recording equipment based on residential security.
This has led to increased regulatory difficulty.
In future legislation, on the basis of ensuring that legitimate needs are met, the relevant state departments should further clarify the classification of such commodities and make corresponding regulations.
industrialization of crime specialization
full chain punishment
A crackdown on illegal wiretapping devices is imminent.
The network security departments of public security organs across the country closely cooperated with the "Hundred Days Action" to crack down on the rectification of public security in the summer, and further promoted the "cutting source" action against illegal production, sales, and the use of special equipment for eavesdropping and eavesdropping, and the "mine-sweeping" action against candid photography and peeping, and cracked down on illegal production in accordance with the law. , installation and control of network cameras and other eavesdropping equipment and secret photography and voyeurism.
As of July this year, a total of more than 140 cases have been detected, more than 40 dens of illegal production of special equipment for eavesdropping and eavesdropping have been destroyed, more than 380 criminal suspects have been arrested, and more than 100,000 special equipment and parts for eavesdropping and eavesdropping have been seized.
Recently, the Zaozhuang Public Security Bureau in Shandong, with the close cooperation of the Guangdong Public Security Bureau, destroyed a large black industrial chain of illegal production and sales of special equipment for eavesdropping and eavesdropping, from technology research and development to parts manufacturing, to finished product assembly and sales, and destroyed criminal gangs. 5, 16 illegal production and sales dens were destroyed, 52 criminal suspects were arrested, and more than 60,000 finished products and parts of special equipment for eavesdropping and eavesdropping were seized at the scene.
According to the police handling the case, with the continuous development of network applications, the crime of illegal production and sale of special equipment for wiretapping and photo theft has begun to show new characteristics and new laws.
First, the trend of specialization and industrialization is obvious, the technical threshold is continuously lowered, and the cost of crime is also reduced.
Second, it involves a large number of personnel and a wide geographical distribution.
At present, with the convenience of the Internet and the delivery industry, illegal and criminal production and sales have broken through geographical limitations, the division of labor system has become increasingly professional, and the online and offline sales systems are complex and intertwined.
The third is to evade attacks in multiple ways and through multiple channels.
Production gangs have a strong sense of anti-investigation, and the methods of selling crimes are concealed. Offline sales are mostly in the name of selling security products, and “selling dog meat with sheep’s heads” for covert sales, which brings certain difficulties to the investigation of the public security organs.
Zhang Zhongkai believes that while the "hundred-day operation" of the national public security organs has achieved phased results, such "spy" commodities are still repeatedly banned, and it is still difficult to crack down on such commodities and commodity sellers.
"Under the high-pressure crackdown, the sales methods of such commodities are more concealed. By changing keywords or switching from online transactions to offline transactions, it is more difficult for the public security organs to find clues to illegal and criminal crimes." Zhang Zhongkai said, in addition, Such commodities are usually transformed from daily necessities. Ordinary citizens lack professional knowledge and lack of security awareness. It is difficult to find that they are located and eavesdropped by criminals or even acquaintances. , personal privacy has been stolen, and equipment has been retrieved or destroyed, further increasing the difficulty of punishment.
In Xie Shu's view, in the current environment where cybercrimes are rampant, eavesdropping and eavesdropping are often not individual behaviors, and are most likely just a part of cybercrime.
To crack down on the production and sales of illegally tracked goods, it is necessary to carry out the whole chain of punishment, not only to crack down on the behavior of eavesdropping, but also to identify its upstream and downstream crimes, including the manufacture and sale of eavesdropping equipment, as well as the installation, recording, The black and gray industrial chain that uploads and makes profits should be severely cracked down and comprehensively rectified.
In addition, crackdowns and rectifications cannot be limited to individual cases. Multiple agencies should form a joint force to achieve a full chain of punishment from point to face. Starting from individual cases, the entire black and gray industry chain should be followed.
"Online shopping platforms should step up their management efforts. Once a store is found 'selling dog meat with a sheep's head' or blatantly selling eavesdropping and eavesdropping equipment prohibited by the platform, it should be punished in accordance with the platform's management rules." Xie Shu said that for such products The difficulty of cracking down mainly lies in the acquisition of clues. On the one hand, relevant platforms should provide feedback on user reports in a timely manner, and on the other hand, they should actively and regularly check the sales records of relevant merchants.
Zhang Zhongkai suggested that the market management department should effectively plug the regulatory loopholes in the entry link and curb the development momentum of black products such as power bank eavesdropping.
Relevant departments should increase the publicity of the law, effectively improve the public's security awareness and prevention knowledge, avoid personal privacy from being eavesdropped, eavesdropped, and illegally tracked, and safeguard the legitimate rights and interests of individuals.
Trainee reporter Sun Tianjiao Zhang Shoukun
Reporter Han Dandong