According to the second paragraph of Article 37 of the Tort Liability Law, if the third party's behavior causes damage to others, the third party shall bear the tort liability, and the manager or organizer shall bear the corresponding supplementary liability if it fails to fulfill its security obligations.
First of all, although as the owner of QQ, it is responsible for management and security, but in today's highly developed network technology, it is difficult for an ordinary netizen to prevent hackers from stealing account passwords.
Secondly, the perpetrator committed fraud without the knowledge of the qq owner, so there is no fault in this matter.
In addition, the deceived people are all adults, and it is also wrong to transfer money or recharge without confirming the true identity information of the other party.
To sum up, qq owners should not be liable for compensation.
In addition, it is illegal to steal qq and cause losses to others.
At the beginning of 20 18 12, the Higher People's Court of Liaoning Province informed that a rare network infringement case in this province by stealing QQ numbers had been tried and concluded. A digital imaging company in Shenyang acted as a "hacker". After stealing a competitor's QQ number, tens of thousands of customers' files were deleted through continuous attacks. The injured party was awarded 200,000 yuan in the final instance. The conclusion of this case makes "QQ theft" once again become the focus of attention from all walks of life.
Lawyer Zhang Ying believes that the relevant national laws and regulations do not clearly stipulate the act of "stealing QQ numbers". In other words, if only the QQ number is lost and no other losses are caused, the police will not file a case for theft.
However, according to the second paragraph of Article 4 of the Decision on Maintaining Internet Security made by the National People's Congress Standing Committee (NPCSC), China, "Anyone who illegally intercepts, alters or deletes other people's emails or other data and materials and infringes upon citizens' freedom and privacy of communication shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law. "So, pass? QQ instant messaging is protected by law.
Extended data
Case:
Xiao Zhang's QQ password is very complicated, but it was stolen by criminals. The caller falsely used Xiao Zhang's identity and lied to Xiao Zhang's QQ friend Xiao Li through QQ chat that his family was seriously injured by others and urgently needed 654.38+10,000 yuan for treatment. Xiao Li believed what the hacker said and remitted 1 0,000 yuan to him.
After the remittance, Xiao Li and Xiao Zhang confirmed that they had been cheated, but the hacker couldn't find it. So Xiao Li asked Xiao Zhang to compensate him for his economic losses.
The focus of this case is: QQ number was stolen by others, and friends were defrauded of money. Should the owner of QQ number bear the corresponding liability for compensation?
In this case, whether Xiao Zhang is liable for compensation depends on whether Xiao Zhang is at fault. As the owner of QQ number, Xiao Zhang has the management responsibility and should be liable for compensation in principle. However, at present, network hackers and hackers are widespread. As an ordinary netizen, QQ number has been stolen from time to time, and it is even impossible to prevent it. After the QQ number was stolen, it was difficult for the original QQ number owner to prevent the damage.
Therefore, Xiao Zhang is not at fault and should not be liable for compensation. In this case, Xiao Li himself had a major fault. As a netizen, you should know that QQ, as a tool for online chat, has certain virtuality and unreality, and it is possible to borrow or steal others' QQ numbers. Especially when it comes to property information such as money, it should be handled with caution, and the information should be verified with the borrower in person or by phone before borrowing.
Based on the above analysis and legal provisions, Xiao Zhang is not at fault. The theft of QQ number is beyond his control, and the password of QQ number is complicated. Corresponding anti-theft measures have been taken. From a legal point of view, Xiao Zhang should not be liable for compensation, but Xiao Li should be given appropriate economic compensation based on morality.
In addition, Xiao Zhang, as a security obligor, can recover his supplementary compensation to Xiao Li from pirates. But at present, it is generally difficult to find hackers. So I remind everyone that virtual chat tools such as QQ should be properly kept, and the login password should be as complicated as possible to prevent theft; Be cautious about the property issues involved in virtual chat tools, and carefully verify the information in case of encountering Xiao Li's experience.
References:
Who should bear the legal consequences caused by the theft of QQ number of Yong Cheng Media Network today?
References:
Baidu Encyclopedia-Tort Liability Law
References:
* * * Producer News Network-Is it illegal to steal QQ number?