According to Article 287 bis of the Criminal Law, whoever knowingly provides others with technical support such as Internet access, server hosting, network storage and communication transmission, or provides them with assistance such as advertising promotion, payment and settlement, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined.
Suspected of helping information network criminal activities, usually sentenced to less than three years in prison. In principle, only the person directly responsible or the person in charge shall be investigated for this crime. If the circumstances are minor, it is possible not to prosecute. For those involved in this crime, it is suggested to entrust a lawyer to provide professional legal help and criminal defense in time, so as to minimize criminal punishment, minimize the negative impact of the case and better protect the legitimate rights and interests of the parties.
Countries all over the world have taken measures to crack down on cyber crimes, but selling pirated CDs, posting obscene pictures and invading other people's websites are still rampant. The main problem is that the detection rate of cyber crime is extremely low. The main reasons are:
1. Defects of the Internet itself
ARPANET, the predecessor of the Internet, mainly developed a distributed network system that was not destroyed by war, and its purpose was to transmit information smoothly from the sender to the destination, so data security or network security was not the purpose of ARPANET's design at that time. This is also the reason why commercial websites established on the Internet are vulnerable to hacker attacks.
2. The proliferation of hacker software
At present, the main operating systems on the network are Microsoft Windows NT and UNIX. These operating systems or some software have some loopholes to some extent. Some people use these vulnerabilities to design some attack programs, upload them to the network and spread them everywhere.
3. The cross-regional and transnational nature of the Internet.
The Internet itself has the characteristics of cross-regional and cross-country, and there is no space restriction. Therefore, online pornography cannot be eliminated. Even if pornographic websites in one country are banned, it cannot effectively ban pornographic websites in other countries. Network information spreads rapidly, basically not limited by time and space, and its influence is extremely extensive and diverse.
On the other hand, online source websites can be forged, which may hide the identity of criminals. In addition, the evidence of cyber crime is extremely limited, the probative power is greatly reduced, and it is easy to be destroyed. Therefore, the problem of evidence for prosecuting crimes has become very critical.
4. Disadvantages of online commerce
Judging from the fraud cases of websites using credit cards to buy goods seized by countries in the past, it is found that these websites do not adopt SET or SLL network payment security mechanism, and users only need to input the credit card number and the valid year of the credit card to replace the credit card swiping process in physical stores.
These two data are sent to the settlement center for authorization, because there is no credit card process, and the credit card number and validity period are easy to obtain, which opens the door for online fraud.
According to a survey published by the British Trade Standards Institute, 25% of websites are unsafe, and hackers can get customers' credit card information and other more information. At the same time, it is also found that online shopping has problems such as slow delivery speed and high price. The agency also found that 38% orders could not be delivered on time, and 17% orders were not delivered.
5. Uncertainty of the nature of the Internet
The nature of publishing information on the Internet is simply beyond the traditional concept. Some people think that online service providers are similar to newspaper publishers. Before publishing a web page, it is assumed that they have reviewed the content to be published like traditional publishers. And these contents, by default. Some people think this analogy is very inappropriate.
But I feel that Internet service providers, like bookstores, are just sellers of information and do not assume the responsibility of censorship. In the United States, both situations have occurred. However, their responsibilities are quite different. For bookstores, American libel law gives great protection (Smith v. California, 1959). Some courts apply this case law to Internet service providers, greatly reducing their responsibilities.
6. Different judicial standards.
Many websites selling pirated CDs or pornographic websites are legally established in countries that are not prohibited by law.
If these websites do not violate the laws of the host country, even if they violate the laws of other countries, the host country of the server can neither handle nor provide judicial assistance. Only if the content of the website violates the laws of both countries can there be a basis for cooperation. In the case of different judicial standards in different countries, it is not enough to just crack down on cybercrime.
The United States has a typical example. Due to the sharp increase of pornographic websites, the US Congress once sought to restrict pornographic content on the Internet, and passed the Communication Decent Act (CDA) at 1996 as a part of the Electronic Communication Competition and Regulation Act. CDA prohibits the dissemination of obscene articles to minors through computer networks or other electronic communication media.
According to the law, intentional offenders can be sentenced to a maximum of five years in prison and a fine of $250,000. First Amendment advocates and online organizations immediately filed a lawsuit, arguing that the law's restrictions on freedom of speech were unconstitutional.
Judges in Pennsylvania agreed to their lawsuit, arguing that the law was too broad because it protected minors and restricted adults' freedom of speech (American Civil Liberties Union v. Renault, 1996). In 1997, the Supreme Court also ruled that the relevant provisions of the law were too broad.
7. Most countries have failed to crack down on computers.
Because the love bug virus of Filipino hackers has caused great damage to many computer systems around the world, the Philippine government immediately promulgated relevant laws to severely punish computer crimes. However, according to a survey conducted in 52 countries around the world, the Philippines is the only country that has enacted strict computer crime laws.
According to the survey conducted by McDonald's International Consulting Company, most countries' criminal laws do not provide penalties for computer crimes, and only 9 of 52 countries have revised their criminal laws to include computer-related crimes.
Bruce MacDonald, president of the company, said: "The criminal laws of many countries do not cover computer-related crimes, so enterprises and individuals have to rely on their own prevention systems to fight computer hackers. "The investigation involved a series of computer crimes, including hacking, virus spreading, forgery, theft and preventing users from logging in to websites normally.
Thirty-three countries have not amended their criminal laws to deal with any possible computer crimes, but 17 of them are preparing to amend their laws. 10 countries have enacted laws against five or fewer computer crimes, and nine countries have enacted laws to prosecute more than six computer crimes.
The United States has enacted laws to punish nine kinds of computer crimes, and the only loophole is online forgery. Japan has also enacted laws against nine kinds of computer crimes, and the only loophole is the spread of viruses.
Generally speaking, even if many countries have enacted relevant laws, it seems that it is not a crime to be punished. Council of Europe is working on an international computer crime treaty, which will regulate data or hardware destruction, child pornography, piracy and infringement of intellectual property rights, and other Internet crimes.
The above contents refer to Baidu Encyclopedia-Crime of Helping Information Network.