How to steal virtual currency
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
secondly, I don't know if the questioner intentionally refers to digital currency. If so, it means that the questioner is not clear about the relationship between virtual currency and digital currency. First, explain the relationship between them to the questioner
virtual currency refers to non real currency, which can be roughly divided into three categories:
the first category is familiar game currency
the second type is the special currency issued by the portal website or instant messaging service provider, which is used to purchase the services in the website. The most widely used is Tencent's q-coin, which can be used to purchase membership, QQ show and other value-added services
the first two types can be regarded as one, which is only a detailed difference in function. Since the end of 2016, the third type of digital currency has quietly entered our life, which refers to the digitization of currency. Digitization doesn't mean scanning. This is just like digital signature. Digital signature does not mean scanning your signature into a digital image, or using the touchpad to obtain the signature, let alone your signature. Digital currency is often mistaken for virtual currency. But virtual currency refers to non real currency. For example, when you play "Three Kingdoms" (game) or "grand Voyage", you have money, which is virtual, that is, the first and second categories we just described. Of course, the virtual money will also have its real value. For example, if you buy her / his account from another player, you can get all the virtual assets of that player, and then it will be much easier for you to continue playing. Virtual money is not necessarily digital. For example, children play games with pebbles as virtual currency
there are also obvious differences between the transaction rules of digital currency and virtual currency. In most cases, the value of digital currency is higher than that of virtual currency, and it needs more strict transaction rules to carry out transactions
the top three currencies of digital currency are: BTC eth EOS
if it is a virtual currency in the game, then there are free and paid currencies. If it is a digital currency, it basically needs to pay the corresponding money value to get the same amount of digital currency! Basically not free!
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>
1. Non cryptocurrency (enterprise currency):
it is issued by companies or private indivials, and can be issued indefinitely. It does not need to solve the equation through the CPU program of computer graphics card. Because it can be issued unlimited according to the market demand, it does not have the value of collection and appreciation< Second, digital cryptocurrency:
it is not issued by legal tender institutions and is not controlled by the central bank. It is based on the open source code of a group of equations calculated by computers all over the world. It is generated by a large number of operations of computer graphics card and CPU, and uses the design of cryptography to ensure the security of all aspects of currency circulation. The design based on cryptography can make the cryptocurrency only be transferred or paid by the real owner< What does digital cryptocurrency look like
real open source code is a series of special solutions generated by a series of complex algorithms. After mining, cryptocurrency is a string of codes, just like the serial number in the lower left corner of RMB. As long as you master the open source code, whoever owns the serial number will have the right to use the cryptocurrency. You can really own this financial digital asset
bitcoin, Ethereum, Leyte, doggy, Ruitai, Ruibo, Dasch and so on are the most well-known coins in the ranking.
in fact, the generation of virtual currency also needs professional development team to develop, and cannot be developed and generated by itself. The development technology of virtual currency is mature, and there is no technical difficulty, but the positioning of virtual currency is the biggest problem, and the generation of virtual currency needs a lot of hardware equipment to mine
it is not a general equivalent, but an expression of value relevance, or a symbol, or a kind of personalized currency. On the other hand, it can also be called information currency. What they have in common is that they are all symbols of uncertain value and relative value. In this case, the traditional meaning of money has been broken. Money in the original sense is only a special case of a new and broader currency. Money can be regarded not only as a general equivalent, but also as a group of symbols of relative value