Is SMS citizen information?

1. Take advantage of the opportunity of cooperation with mobile phone motherboard manufacturers to implant Trojan horse programs into mobile phone motherboards (mobile phone motherboard manufacturers do not know);

2. Use Trojan horse program to control the mobile phone to send back short messages, and obtain information such as mobile phone number and verification code;

3. Illegal sale of mobile phone numbers and corresponding verification codes for profit;

4. These mobile phone numbers and verification codes are used to register MG software, brush amount and click rate; TB, a hotel "pull new" red envelope rebate;

Amount of crime:

Illegally controlled more than 3.3 million mobile phones, obtained more than 5 million pieces of relevant mobile phone numbers and verification code data, and earned more than 7.9 million yuan by selling these data.

What constitutes a crime?

1, Crime of illegal control of computer information system-The court found that the above-mentioned five defendants violated state regulations, invaded computer information systems outside the fields of state affairs, national defense construction and cutting-edge science and technology, and illegally controlled computer information systems by implanting Trojan transplant packages into functional machines and selling them to others for profit. The circumstances are particularly serious, and its behavior has constituted the crime of illegally controlling the computer information system;

2. Crime of infringing citizens' personal information-The court found that the above-mentioned defendant 14 violated the relevant provisions of the state by selling or obtaining citizens' personal information to others, and the circumstances were particularly serious, and all his actions constituted the crime of infringing citizens' personal information.

At present, the protection of citizens' personal information is a common concern of the public. Especially in the post-epidemic era, the use boundary of citizens' personal information is a problem worthy of our attention. My thesis "Citizen Information Security in Post-epidemic Era" was included in the annual meeting of the Criminal Law Research Association of Hubei Law Society and the collection of papers in the summit forum of "Criminal Law Protection of Social Security in Post-epidemic Era" held in Wuhan from June 5438 to February 2020.

Here, I briefly introduce two issues related to this case:

1. What is citizen's personal information?

"Citizen's personal information" refers to all kinds of information recorded by electronic or other means that can identify a specific natural person or reflect the activities of a specific natural person alone or in combination with other information, including name, ID number, communication contact information, address, account password, property status, whereabouts and so on.

Second, does the mobile phone number belong to citizens' personal information?

The court found that the mobile phone number is a communication method and belongs to citizens' personal information.

The Supreme People's Procuratorate's advice to citizens:

Improve personal awareness of prevention;

Raise awareness of protecting personal information;

It is not easy to click and download links and programs from unknown sources;

Be sure to buy electronic equipment produced by regular manufacturers in regular stores;

Don't disclose personal information easily.

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