Trading platform steals bitcoin
According to the news on February 10, 2018, on September 4, 2017, seven ministries and commissions of the people's Republic of China issued the notice on preventing the financing risk of token issuance, which regulates the issuance of tokens. In the notice, the nature of all kinds of tokens and "virtual currency" is clearly defined: it is not issued by the monetary authority, and it has no monetary attributes such as legal compensation and mandatory, It does not have the same legal status as currency and cannot and should not be used as currency in the market. Nevertheless, it is undeniable that all kinds of "virtual currency" still have a certain property value and are part of the property of the holder. So, how to identify the nature of the theft of such tokens
In order to protect the legitimate rights and interests of "virtual token" holders, the author intends to discuss such issues through a relevant news report and relevant casesstealing bitcoin
recently, a news report said that Haidian police in Beijing cracked a case of destroying computer information system. The suspect Zhong used his administrator's authority to modify the company's computer applications and steal 100 bitcoins. Before he could sell the stolen money, Zhong was arrested by the police. At present, Zhong was detained for the crime of destroying computer information system
it can be seen from the report that the police detained the perpetrator for stealing bitcoin on suspicion of damaging the computer information system. The crime of destroying the computer information system stipulated in Article 286 of the criminal law of our country refers to the act of deleting, modifying, adding or interfering with the functions of the computer information system in violation of the provisions of the state, resulting in the abnormal operation of the computer information system and serious consequences, or deleting, modifying or interfering with the data and application programs stored, processed or transmitted in the computer information system Modifying or adding operations with serious consequences, or deliberately making or spreading destructive programs such as computer viruses, which affect the normal operation of the computer system with serious consequences
In the author's opinion, this crime is one of the crimes of impairing social management order in Chapter 6 of the criminal law, that is, the legal interest protected by this crime is actually the public order of our society, not the property interests of the digital currency holders, which in fact denies the property value of digital currency, It is only protected as a data or system function in a computer system. The author thinks that there is some irrationality in this wayfirst of all, in the notice on the prevention of bitcoin risk issued in 2013, it is mentioned that bitcoin is not a real currency because it is not issued by the monetary authority and does not have such monetary attributes as legal compensation and compulsion. Bitcoin has four main characteristics: no centralized issuers, limited amount, no geographical restrictions and anonymity. Because it belongs to a specific virtual commodity in nature The notice also clearly mentioned that bitcoin does not have the same legal status as currency and should not be used as currency in the market. However, as a virtual commodity, the property value behind bitcoin cannot be ignored
Secondly, Article 127 of the general provisions of the civil law, which came into effect on October 1 last year, stipulates that if the law has provisions on the protection of data and network virtual property, such provisions shall prevail. Although only the protection of the network virtual property has made the principle provisions, but it can not be denied that this shows our country's attitude towards the protection of the network virtual property. Although there is no special law for the protection of data and network virtual property in China, from the perspective of the general provisions of civil law, it is predicted that there will be relevant legislation in the futurefinally, from the relevant cases, we can also see the recognition of the property attribute of virtual currency such as bitcoin in China's judicial practice. In April and may 2013, Liu premeditated to set up a bitcoin trading platform, so he recruited Jin and Huang (both sentenced) to jointly set up a "bitcoin" trading platform. During this period, Liu, Huang, Jin, Jin and the defendant he, in addition to other acts of directly stealing customers' funds, also frequently cashed RMB by selling customers' bitcoins, and transferred 120 bitcoins from the website. Finally, the court convicted and punished the defendant for fraud, and the bitcoin transferred by the defendant was also included in the property loss of the victim. Therefore, from the judicial cases, we can also get the recognition of the property attributes of virtual currency such as bitcoin
based on the above reasons, the author thinks that it may be unreasonable to regulate the theft of virtual currency only as the crime of damaging computer information system. We should face up to the hidden property value and consider the application of the crime of infringing property in China's criminal law. Only in this way can we effectively protect the legitimate rights and property of digital currency holders in China
stolen
mark kalpler, chief executive of mt.gox, bowed his apology at a news conference held in Tokyo yesterday, saying that "the loss of bitcoin is e to a loophole in the company's system"
a lawyer for Mt. GOx said that almost all the bitcoins traded on the platform were stolen, including about 750000 bitcoins in the user's trading account and about 100000 bitcoins in Mt. GOx's own account. According to the trading on February 28, the loss is estimated to be about $467 million
according to media reports, mt.gox trading platform had more than 1 million accounts at its peak, mainly from customers outside Japan, including many users trading more than US $10000. Some bitcoin investors have rushed to Tokyo from overseas in an attempt to recover trading funds from Mt. GOx
on February 7, e to hacker attacks, mt.gox temporarily stopped the bitcoin extraction business, causing transaction confusion and user dissatisfaction. From the noon of February 25, users cannot log in to mt.gox trading platform. The home page of the website then pasted a "notice to customers" to suspend all transactions
Li, a native of Hefei, spent 140000 yuan to buy 124 bitcoins in October this year. Afterwards, Li joined some chat groups of bitcoin players to pay close attention to the bitcoin market. On October 22, a person named Michael in the group took the initiative to chat with Li and asked him if he was mining“ I won't, and I won't get any money. " Mr. Li replied. Michael repeatedly urged Li to have a try and sent him a "mining tool", claiming that he could use the tool to dig more bitcoin. In the subsequent chat, Michael constantly reminds Li to put bitcoin in his wallet, saying that the trading website is not safe“ From time to time, there are news that trading websites are closing down and running away. What he said is quite reasonable, so I believe him. " Li told Anhui Business Daily
100 bitcoins disappeared
Li received and installed mining tools. On the evening of October 26, he was inced by Michael to put 100 bitcoins in his wallet. However, when the bitcoin in the E-wallet just reached 100, it suddenly disappeared. Li suddenly panic God, and then contact Michael, the convenience of invisible disappeared
Li told reporters that at present, a bitcoin costs about 5000 or 6000 yuan, and 100 bitcoins are worth 500000 or 600000 yuan. Afterwards, Li reported the case to the police. However, to Li's disappointment, because bitcoin is a virtual currency, there is no relevant domestic law to regulate and protect its transactions. The police did not file a case“ Now, this man named Michael is still active on the Internet. He's just taking advantage of the law. " Li told Anhui Business Daily
there is a Trojan horse in "mining tools"
How could Li's bitcoin disappear? 360 security engineer contacted him and tested Michael's "mining tool", and found that this tool is a very popular "bitcoin robber" Trojan horse this year. According to the analysis of 360 security center, most of the "bitcoin thieves" Trojans are disguised as mining tools, simplified wallets and other compressed files. Once a player is recruited, the Trojan will automatically search for bitcoin wallets and steal them through e-mail, hacker remote control and other means.
Bitcoin is a kind of encrypted digital asset protected by cryptography, without the participation of centralized institutions. It has been running steadily since 2009 and has become one of the important investment targets of global investors. Many investors are very interested in bitcoin investment. The entry process of bitcoin and some investment procts is slightly different. The address of bitcoin blockchain is decentralized, so there is no account opening step. However, purchasing Mai bitcoin with bitcoin requires the assistance of some third-party platforms
at present, there are relatively large platforms in China, such as okex, fire coin and coin security. I have been in and out of money for many times in these platforms. Let's introce my experience of buying Mai bitcoin in these exchanges.
before the introction, I need to explain one premise: the security of Mai bitcoin is divided into two aspects: one is asset security, which basically won't cause any problems when I choose the three major domestic exchanges; the other is capital security, in other words, Is to rece as much as possible with the flow of black money bank card transactions. Because it's easy to freeze their bank cards, each exchange has a different strategy
1、OKEx： https://www.okex.me/buy-crypto/cny
okex is the exchange that I use the most Mai currency. I have been in okexmai currency since 18 years. Most of the time, I have had a good experience of Mai currency. I only encountered the problem of freezing okex account (not bank card freezing) once in my impression. However, OK customer service also helped me understand the freezing process very quickly. This is my first contact with OK customer service, Good attitude and high efficiency< it can be seen from the side that okex has done a lot of work in the prevention and control of black money. Moreover, in recent years, there are few card freezing incidents in okex. Today, the black money in the exchange is increasingly rampant, okex has done quite well
in terms of user experience, the function of one click Mai is more suitable for Xiao. When using this function, you don't need to select the businesses that meet the standard in the list of businesses. It's more convenient. At present, when you do activities, you will get a 20 yuan reward when you buy Mai for the first time
in addition, okex is a first-line exchange with a large user base. Mai currency supports wechat, and ZFB buys Mai with zero handling charge. If you've just come into contact with bitcoin, it's a quick and safe choice in okexmai
However, the weakness is that okex has little support for foreign currencies. Except for RMB, only the Vietnamese Dong and Indian Rupee have depth. The Mai currency entrance of other countries' currencies is only the interface of other cooperation platforms2 https://www.huobi.com/zh-cn/
the exchange's legal currency trading plate is deep enough, and there are many powerful businesses with good experience. Support the purchase of Mai bitcoin with multi currency. In addition, the process of making Mai coins is relatively smooth and can be completed in a few minutes
however, e to the good user experience of fire coin, black and gray procts will also choose fire coin as a channel for money laundering. fire coin has been updating its risk control strategy to intercept black money accounts. However, at present, it seems that the effect may not be so good, and the freezing card incident continues. Friends who pay close attention to the digital money market may understand that a large-scale freeze occurred in early June, and many users' bank cards were frozen. Therefore, we should be a little more cautious when using Mai coins on this platform, try to choose the ranked merchants, and rece the probability of being frozen.
3 https://www.binance.com/cn
the trading plate of currency security legal currency started late, and the accumulation was not enough. Frankly speaking, the depth and experience of legal currency trading is quite different from that of okex and fire currency< Strong>, especially the t+1 strategy of currency, which is Mai currency, will make complaints about money in a day. This system has been thrown into the trap by too many people, because this is obviously a "one size fits all" strategy with insufficient technical capability.
however, even if there are many slots, coin an is slightly better than the second and third tier exchanges in terms of asset security. Users who trade in coin an can also try to buy Mai bitcoin in coin an
finally, based on the above factors, it is suggested that okex is the first choice for Mai bitcoin, fire coin is the second choice, and coin security is not recommended
Bitcoin is a kind of virtual commodity. In recent years, the price of bitcoin has been soaring. Recently, after more than three months of investigation, the Public Security Bureau of Zhongyuan Oilfield in Henan Province successfully cracked the first case of bitcoin theft in China
on July 27 this year, the Public Security Bureau of Zhongyuan Oilfield in Henan Province received an alarm from Wu, a resident under his jurisdiction, saying that he had lost more than 3.4 million yuan worth of bitcoin in his Internet wallet. Wu is a professional investor and has been investing in bitcoin since 2016. In early 2017, he was drawn into a wechat group of bitcoin investors
the victim Wu: at the end of the day, he said he was also responsible. Although he said that he taught me to lose my coin, he was also kind-hearted. He said that he would compensate me for 10 (bitcoin), saying that he could only bear his part of the responsibility. Later, he used Alipay to transfer money to me. If it had nothing to do with him, how could he casually accompany others for more than 100000, not a small number
after cracking the password stealing software, the police arrested the suspect
after preliminary investigation, the police determined that Dai, the leader of wechat group, was suspected of committing a major crime. On August 9 this year, the police controlled Dai in Shanghai. In Dai's home, the police found 27 bank cards and multiple computers. In one computer, as like as two peas, the police found a net wallet software that was exactly the same as the victim's use. p>
it turns out that Dai is proficient in software programming. After cracking the downloaded genuine wallet software, he adds a program to transmit user name and password to steal bitcoin. Once someone deposits bitcoin in the E-wallet, he will know the other party's account name and password, and transfer bitcoin in the E-wallet. He distributed the stolen bitcoin in hundreds of network wallets, transferred it back and forth, and sold it at a low price on the trading platform after confirming its security. In this way, Dai has committed three crimes involving more than 20 million yuan. At present, the police have found out Dai's account and frozen it, recovering more than 2 million yuan of stolen money
according to the police, bitcoin is a virtual commodity, which is difficult to be recovered once there is a problem in the transaction
Su Haizhou, leader of Criminal Investigation Detachment of Henan Zhongyuan Oilfield Public Security Bureau: bitcoin trading platform our country has closed all three platforms before the end of October 2017. At present, the country only recognizes bitcoin as a virtual commodity, not as a virtual currency. So you need to be careful if you want to invest in bitcoin
bitcoin does not rely on specific currency institutions to issue. It is generated through a large number of calculations of specific algorithms. Bitcoin economy uses a distributed database composed of many nodes in the whole P2P network to confirm and record all transactions. The decentralized nature and algorithm of P2P can ensure that it is impossible to artificially manipulate the value of bitcoin through mass proction
bitcoin is very similar to cash
the advantages of bitcoin are: no freezing, no tracking, no taxes, and extremely low transaction costs. Compared with people who speculate in currency, it is wealth, and people outside the currency circle may think it is a fraud
depending on which trading platform, each trading platform is definitely different.
the patent law stipulates that the scope of protection of a patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to explain the content of the claim
the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of patent infringement disputes stipulates that the people's court shall examine all the technical features recorded in the claims claimed by the obligee when deciding whether the infringed technical solution falls within the scope of patent protection, The people's court shall determine that it falls within the scope of patent protection; If, compared with all the technical features recorded in the claims, the technical features of the sued infringing technical scheme lack more than one of the technical features recorded in the claims, or more than one of the technical features are not the same or the same, the people's court shall determine that it does not fall into the scope of protection of the patent right
it can be seen from the above provisions that if a proct is identified as infringement in the patent document, it must cover all the technical features recorded in the claim. Therefore, in order to obtain a larger scope of protection, the less content in the claim, the better, that is, do not add unnecessary content
the innovation of blockchain is usually associated with multiple executors, which is a systematic scheme that needs the cooperation of all parties. For example, if the data publishing node, blockchain network, authorization node, etc. are combined in a claim, it will be found that when the patentee wants to sue an executor for infringement, the party does not cover all the contents of the claim (at least not other executors), which leads to that although the party uses the innovative idea of the patent, it does not infringe. Therefore, in a claim, it is better to write the scope of protection around an executor< According to the patent law, except as otherwise provided in this law, no entity or indivial may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented procts, or use its patented methods, or use, sell or import its patented procts for proction and business purposes Promise to sell, sell and import the procts directly obtained according to the patented method
here we should pay attention to "for the purpose of proction and operation", that is to say, not for the purpose of implementation, no infringement. Therefore, when writing the claims, we should also consider who the potential infringement objects are, and the content of the patent right should limit them as far as possible, instead of including unnecessary objects (such as the devices used by the end consumers).