Why do key words develop rapidly under the network environment?

2 1 century will be an information age with computer network as the core. Digitalization, networking and informatization are the characteristics of 2 1 century, and computers are playing an increasingly important role in people's work, study and life. With the rapid development of information technology with "computer network" as the core, the network is improving the work efficiency and quality of state organs; While bringing huge economic benefits and unlimited business opportunities to enterprises, it also produces a new criminal term-computer crime. As a developing country, China's legislation on this kind of high-tech crime is relatively backward, and it is basically in a state of law or no law to follow in computer network management and computer crime. Facing the characteristics of computer crime, such as difficulty in finding, arresting, obtaining evidence and characterizing, it is an urgent and long-term problem for the judicial department to deal with computer crime cases. China's criminal law lists "the crime of destroying computer information system" and "the crime of illegally invading computer information system" as the crime of disrupting social management order, which shows China's firm attitude in cracking down on computer crimes. As a computer practitioner, the author knows the serious consequences of computer crime. Here, I would like to talk about my own shallow understanding of the harm of such crimes, the source of criminal objects and the omissions of criminal law in order to achieve the purpose of attracting jade.

First, the harm of computer crime

With the rapid development of computer technology, information network has become an important guarantee for social development. Information network involves government, military, culture, education and other fields. Among them, a lot of information stored, transmitted and processed is important information such as government macro-control decision-making, commercial and economic information, bank fund transfer, stocks and securities, energy resources data, scientific research data and so on. Many of them are sensitive information, even state secrets. The harm brought by computer crime is mainly reflected in two aspects: first, documents and materials such as state secrets and business secrets are compromised; The second is to maliciously destroy the computer system. China's network industry is developing rapidly. According to incomplete statistics, there are 6.7 million networked computers in China, and the number of networked users has reached16.9 million. The annual growth rate of Internet users in China exceeds 100%. The total number of netizens has exceeded150,000. E-commerce such as online banking and online shopping has developed rapidly. There is an unprecedented upsurge in the application of Internet technology by the government and enterprises. With the rise of the Internet, computer crimes have also risen sharply, and computer crimes have become a common international problem. According to the report of the Federal Bureau of Investigation, computer crime is one of the largest types of commercial crimes, with an average amount of $45,000 per crime and an annual economic loss of $5 billion. Computer crimes are mostly instantaneous, wide-ranging, professional and time-space separation. Usually, it is difficult for computer criminals to leave criminal evidence, which greatly stimulates the occurrence of computer high-tech crimes. With the sharp rise of computer crime rate, computer systems in various countries, especially network systems, are facing great threats and become one of the serious social problems. A joint investigation by the American Computer Security Association and the Federal Bureau of Investigation shows that only 53% of enterprises in this country have been infringed by computer viruses, and 42% of enterprises' computer systems have been illegally used in the past 12 months. A Pentagon research team said that the United States suffered as many as 250,000 attacks a year. For example, Russian hacker Vladimir Levin and his associates launched a series of attacks on Citibank in the United States from the networked computers of a small software company in St. Petersburg, and stole 1 1 ten thousand dollars from Citibank's computer mainframe in new york by electronic transfer. With the rise of computer network, "computer virus" is more terrible, and the economic loss caused by the outbreak of computer virus every year is immeasurable.

Two. The Classification of Computer Crime and Its Motivation

Hacker originally refers to a computer geek who is very familiar with computer programming technology and is keen on writing new programs in the field of computer programming, but now it has gradually evolved into a person who "invades" the computer programming system without permission, or is synonymous with maliciously destroying the computer programming system and writing computer viruses. Computer hacker is the main source of computer crime. The behavior of hackers entering computer systems can generally be divided into the following categories: first, "hackers illegally invade" and destroy computer information systems; Second, making, copying, disseminating and consulting harmful information on the Internet, such as spreading computer viruses and pornographic pictures; The third is to use computers to commit financial fraud, theft, corruption and misappropriation of public funds; Fourth, illegal use of computer resources, such as stealing accounts, stealing state secrets or business secrets; The fifth is to use the internet to commit crimes such as intimidation and extortion. With the increasing novelty and concealment of computer crimes, there will be many other forms of crimes in the future. Judging from the computer crime cases cracked in China at present, the suspects are generally young students who are proficient in computers. The author thinks that there are two aspects to investigate the criminal motive: first, the perpetrator is not out of malice, but for fun or to show his computer technical expertise, and regards hacking into other people's computer systems as a challenge to his own ability. After invading the system, he quit without destroying it, which can be called a malicious intruder. Second, the perpetrator deliberately violated state regulations and invaded the computer system for the purpose of stealing business intelligence, data or state secrets; Or make and spread destructive programs such as computer viruses to show their capabilities, leading to system paralysis. Such hackers can be called malicious intruders.

Three, China's "Criminal Law" provisions on computer crime

1. The crime of illegally invading the computer information system stipulated in Article 285 of the Criminal Law refers to the act of invading the computer information system in the fields of state affairs, national defense construction and cutting-edge science and technology in violation of state regulations. The object of this crime is the security of the important national computer information system, and the object of the crime is the computer information system in the fields of national affairs, national defense construction and cutting-edge science and technology. Objectively speaking, it is an act of invading the above three types of computer information systems in violation of state regulations. The subjective aspect can only be intentional, that is, knowing that it is invading this system. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

2. The crime of destroying the computer information system as stipulated in Article 286 of the Criminal Law refers to the act of deleting, modifying, adding or interfering with the functions of the computer information system in violation of state regulations, so that the computer information system cannot operate normally, or deleting, modifying or adding data and applications stored, processed or transmitted in the computer information system, or deliberately making and spreading destructive programs such as computer viruses, which affects the normal operation of the computer system and causes serious consequences. The object of this crime is the national management system of computer information system. Objectively speaking, the behavior is that the actor violates the state regulations and destroys the computer information system, with serious consequences. Subjective aspects can only be intentional. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and if the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years.

Four, our country's "Criminal Law" on the omission of computer crime punishment.

In modern life, computers have become a very important tool in people's information exchange and daily work. Ensuring the normal operation of computer information system is of great significance for stabilizing normal social order and developing social economy. China has raised the punishment of computer crime to the penalty level. Judging from the above two charges, the punishment is not too heavy, but it also shows the intensity and determination of punishment for computer crimes in China. However, due to the lag of law making, the punishment for such crimes in judicial practice has certain one-sidedness and limitations.

1, the two crimes cannot cover all acts of computer crime. For example, in the sensational Shanghai hotline case, Yang was arrested by the public security organs for breaking into eight servers of the "Shanghai hotline" and deciphering the accounts and passwords of most staff members and more than 500 legal users, including the super-user accounts and passwords of two servers, and illegally stealing the "hotline" for more than 2,000 hours. Later, the public security organs changed the compulsory measures from arrest to bail pending trial. This case is a typical "three unlike" case, on the grounds that (1) Yang does not constitute the crime of illegally invading the computing information system. According to the provisions of the Criminal Law, Yang infringed on the information system of Internet service providers, not in the fields of state affairs, national defense construction and cutting-edge science and technology, and his criminal object was different from the criminal object referred to in this crime, so it did not constitute this crime. (2) Yang does not constitute the crime of destroying computer information system. According to the provisions of this crime, although the actor has the ability to delete, modify and cause network paralysis, he has not implemented the act. Even if he commits this kind of behavior, he must reach the "serious consequences" stipulated in the criminal law before he can be investigated for his responsibility for this crime. (3) Yang does not constitute theft. According to the provisions of Article 287 of the Criminal Law, legally speaking, Yang's behavior is essentially the same as stealing long-distance calls and mobile phone numbers. However, in judicial practice, it is generally believed that the object of this illegal act is communication users, not communication service providers (ISP). The calculation of the amount of theft in Article 265 of the Criminal Law only involves telephones and mobile phones, not computer networks. If the interpretation is expanded, there is no clear legal provision or judicial interpretation.

2. There is no accurate definition standard for the term "serious consequences". For example, what is the accurate definition standard of the word "serious consequences" in the crime of destroying computer information systems? What kind of consequences are serious? Another example is the first case of hacking into the securities network. Zhang illegally invaded the computer system of a securities company, helped friends to engage in insider information of stock trading, and copied detailed information such as customer account number and fund balance. After Zhang was arrested, the judicial department found that Zhang was "not guilty" after review. As far as this case is concerned, it is similar to the above-mentioned cases, so does Zhang constitute the crime of stealing trade secrets? The focus of the debate is that according to the criminal law, it is necessary to cause heavy losses to constitute the crime of stealing trade secrets, how to define the meaning of "serious consequences" and whether the serious consequences are based on actual property losses. The author agrees with the judicial authorities' determination of "innocence" on the grounds that Zhang has committed the crime of stealing trade secrets by computer, but it does not constitute the crime of stealing trade secrets. In the criminal law, there is no provision to convict Zhang. Whether our good purpose is to protect knowledge economy, law is law, and law depends on the result of behavior. In Zhang's case, no one suffered economic losses. According to Article 2 19 of the Criminal Law, a crime is committed only if it causes great losses to the trade secret holder. In the current legal interpretation of our country, loss refers to economic loss. Now there is no economic loss, how to convict?

Fourth, strike and prevent simultaneously, treat both the symptoms and the root causes.

1. Strengthen legislation and crack down on computer crimes.

In the process of cracking down on computer crimes according to law, we should pay attention to strengthening legislative construction. At present, the penalties for cyber crimes are scattered in the Criminal Law, the Civil Law, the Regulations on the Security Protection of Computer Information Systems in People's Republic of China (PRC) and the Decision on Maintaining Internet Security, which are not systematic, centralized and difficult to operate. In order to better crack down on computer illegal activities and protect network security, it is necessary to draw lessons from the methods of developed countries and formulate a special law. By enhancing its pertinence, systematization and operability, it provides the necessary legal guarantee for governing computer network illegal and criminal activities according to law. As the link of global information exchange, the Internet has increasingly become an important social public facility. Many information databases are connected with the Internet, most of which involve national interests and citizens' property safety. Therefore, computer crime should be severely punished, thus increasing the cost of criminal behavior. In the absence of special laws at present, the following measures can be considered to solve the qualitative punishment problem of computer crimes: for example, the object of the crime of illegally invading computer information systems stipulated in Article 285 of the Criminal Law is expanded from computer information systems in the fields of state affairs, national defense construction and cutting-edge science and technology to the fields of economic construction and public information services. Or add the crime of illegal operation or unauthorized use of computer information systems to fill the gap between the two crimes.

2. Accelerate the equipment and construction of the "network police" team.

With the popularity and penetration of the Internet, the emergence of "network police" has become inevitable. At present, about 20 provinces, municipalities and autonomous regions in China are preparing to build cyber police forces. One of the goals of this new police force is to conduct online search to prevent and track the ghosts of all kinds of bad behaviors and criminal activities, which can be committed in a few seconds and leave almost no trace. Therefore, it is required that "network police" must have profound computer knowledge and professional skills, be able to keep up with the development of new technologies and master various computer skills skillfully. Because it is sometimes difficult to accurately classify crimes on the Internet on national boundaries, the response speed and mutual cooperation of the police are the most critical in the fight against computerized crimes. For example, Spain's national cyber police, a new force, maintains close ties with other similar forces in Europe, especially the Federal Bureau of Investigation in the United States. The National Police also maintains close contact with other police organizations that investigate information crimes, such as France, Germany, Britain, Japan, Canada and the United States. At present, such cross-border suspected cyber crimes are also on the rise in China. For example, not long ago, Internet advertising companies in spedia.com and the United States were suspected of defrauding users in China. China's cyber police should go abroad as soon as possible, and establish close ties with official anti-crime network organizations around the world to jointly combat computer crimes.

3. Strengthen the safety awareness education of computer users.

Protecting network security is related to the vital interests of the majority of netizens. It is not enough to form an effective socialized mechanism to protect network security only by relying on the crackdown and prevention of network police in public security departments. Only by educating the vast number of netizens, raising their awareness of abiding by the law, enhancing their consciousness of never breaking the law on the Internet, enabling netizens to master various technologies to prevent computer crimes and improve their ability to protect network security, can the problem of computer crimes be fundamentally solved. In recent years, among more and more netizens in China, some people intentionally or unintentionally violated network security because they failed to pay attention to online activities according to law. Therefore, it is necessary to educate netizens, especially first-time surfers, to avoid improper use of the Internet and straying into the French Open. For example, some "hackers" are only high school students. They go online to do evil out of showing off and don't even understand that they are doing illegal things. Therefore, while strengthening the popularization of computers, we should strengthen the legal education of computer learning and use, and carry out self-prevention publicity and necessary technical training for the majority of netizens. In the training, we should pay attention to increasing the proportion of computer crime prevention technology, and according to the new trend of crime, we should constantly promote a series of network security technologies among netizens and establish a network security guarantee mechanism.

4. Improve network technology, develop new network products, and enhance the self-protection ability of the system.

Because computer crime is a crime with high knowledge and high quotient, just like the contradiction between encryption and anti-encryption, we will not implement it unless we constantly update our technology, develop new products, increase the self-protection ability of the network, plug security loopholes, provide secure communication services, and strengthen the research and improvement of key security technologies such as encryption router technology, security kernel technology, data encryption technology, network address translator technology, ID card authentication technology, agency service technology, firewall and network anti-virus technology.