Bitcoin thief
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
of course, the person who steals your money doesn't move at all for a short time. So really no temper, in short, want to find very difficult
take precautions in the future. For example, some neutral online wallets are also very safe, and they may not all exist in their own machines.
March 25 (Xinhua) Zhong, an employee of an Internet technology company in Haidian District of Beijing, took advantage of his position to steal 100 bitcoins from the company by inserting codes with the permission of the administrator to modify the application program in the company's server. Reporters learned from the 24 people's Procuratorate of Haidian District, Beijing, that the procuratorial organ approved the arrest of the suspect according to the law on suspicion of illegally obtaining the data of computer information system. P>
the prosecutor of the case, Ji Jingling, said that according to the criminal law of the People's Republic of China and the relevant laws and regulations, the suspect, Zhong Mou, violated the state regulations and used technical means to acquire data stored in the computer information system. His behavior had violated the criminal law and was suspected of illegally obtaining data from computer information system. The procuratorial organ has approved the arrest of the suspect Zhong Mou according to law. p>
Icelandic authorities say a mastermind suspected of stealing $3 million worth of bitcoin mining equipment has escaped from an Icelandic prison
it is reported that the suspect, named Hindley sol Stefansson, fled through the window of Songen prison in rural areas of southern Iceland in the early morning of the 17th. He was transferred to the "open" prison by the police 10 days ago. There are almost no defenses, no walls, the lowest level of security, and prisoners can make phone calls and surf the Internet
According to the report, the fugitive was arrested on February 2 on suspicion of stealing computers, together with 10 other people. At that time, Icelandic police said that the stolen computers were worth about 200 million kronor (about US $2 million). The stolen computer was specially programmed to mine bitcoin. So far, the police have not found the whereabouts of these computers. The amount of money involved is unprecedented in Icelandic criminal cases
"he has an accomplice," said gonnar Schramm, head of Icelandic police. "We are sure."
The police have asked Sweden and other European countries to help with the arrest, the National Broadcasting Authority of Iceland reporteda Swedish police spokesman said that the arrest has not yet been carried out, and the Icelandic counterparts have informed the situation and issued an international arrest warrant
in February, Icelandic police arrested 11 people including Stefansson, accusing them of stealing about 600 computers used to mine the encrypted electronic currency "bitcoin" from December last year to January this year. The total value of these computers is about 200 million kronor (about US $2 million), a record amount of criminal cases in Iceland. Icelandic media called it "bitcoin robbery"
Before Stefansson escaped from prison, 22 people were arrested, but the stolen computer was still missingbitcoin 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 theft of 14.5 million bitcoins in Jiangxi Province was solved, which caused heated discussion among netizens on the Internet. We all know that the current era is an Internet era, and it is also an era of rapid development. There are many people who want to earn money through illegal means, which is not worth advocating. We also hope that everyone can learn this lesson, suspects will also face very severe punishment
we also hope that this lesson can arouse a wake-up call for everyone. If everyone is like them, they will certainly face the disaster of imprisonment. At the same time, we need to pay attention to the fact that no matter how powerful the hacking technology is, there will still be many hot spots left. After all, it is the body, which cannot be separated from legal sanctions, I also hope that they can learn from this lesson, be a good person in their future life, and never violate the law and discipline. I hope everyone can pay attention to this