What do you think of collecting thieves, Chinese law?

Recently, cases of NFT being stolen from foreign users are not uncommon. According to public information, New York hosting company T wrote in a tweet on December 30, 2021 that he had stolen 15 NFTs (total value $2.2 million) from his Ethereum bag. “I am robbed! All my annoying monkeys are gone! he tweeted.

As a result, NFTs and cryptocurrencies are controversial. How to use the Criminal Code in the event of a violation.

Considering the current and unprecedented NFT theft in China, Sister Sa's team is now taking advantage of this opportunity.Legal Review of NFT Thieves.

Great way to steal NFTs

NFTs are sometimes stolen because the private key of the wallet they share is leaked or the user is unaware of the illegal exchange authorization. This includes three cases:

The user has no control over the user key., also known as "key touch net", such as uploading important data to cloud storage or forcing public broadcasts.

Users enter the fake platform. If a hacker enters a fake website and the registration is similar to a well-known website, users can access it by entering their password without having to quickly pay a slight modification of the registration site. After entering the key, the hijacker uses a smart card to steal the NFT.

The device key storage is corrupted.For example, if a user clicks on a Trojan or phishing email containing sensitive information, a hacker uses a Trojan to turn off the remote.

This information is often associated with a crime committed by a third party. In this case, was the hacker who created the fake website using computer software to steal NFTs convicted of stealing or destroying computer information?

NFT Thieves Legal Review

Assuming that Chinese citizen A has the same experience as host T above and Chinese citizen A's NFT has been stolen, according to our national law, the essential value of stolen NFTs is as follows:wantanddamaged computer file system.

In court cases, most virtual device thieves are convicted and found guilty of the crime of destroying computer data. But the Sister Sa team believes:Generally speaking, the conviction for theft of NFT based on theft is close to the principle of criminality and penalties..

Conflicts over law enforcement

According to Article 264 of the Code of Criminal Procedure, theft is defined as the theft of public or private property, theft, burglary, burglary with a weapon, or theft of goods if the price is relatively high. In the situation discussed in this article, the perpetrator intentionally steals other people's NFTs for crime or illegal income, and attains a lot of money, so it should be considered as theft.

At the same time, according to Article 286 of the "Criminal Code", the violation of destruction of computer information is the deletion, modification, addition or interference with the operation of the computer data system in a criminal country, thus causing damage. to the computer information system. An action which does not always exist and which has major consequences. In this case, the attacker is guilty of destroying the computer information in an attempt to fix the email phishing and to intercept and control the host's computer.

Article 287 of the Code of Criminal Procedure specifies the methods of application when two offenses are committed simultaneously against a person committing fraud, theft, embezzlement, embezzlement of public funds, theft of state secrets, or any other illegal use of a computer. Convicted and condemned under this law.

However, the expression "immediate penalty in accordance with the provisions of this law" as set out in article 287 of the Penal Code refers to decisions and convictions in computer matters or convictions and convictions for fraud or other offences.There is no truth yet..

There is confusion in this teaching and there is no clear translation decision. So here we areWe are exploring the implications of this policy and thoroughly investigating any breach affecting access to computer information that steals NFTs.

education debate

Now there are two theoretical theories. The first assumption is that the article binds the judges.clause d'indication, that is, the mere fact that the perpetrator used the computer crime could not be identified as a computer crime. Computer crimes and serious crimes are intended and ended, and they must be punished as serious crimes.

Another thought is,Related rules such as the selection of offenders, offenders and repeat offenders should be defined and explained according to the specific nature of the case, and the law should be treated in a high and usable manner.If you use your computer to make your mistakes, you need to improve the security systems and other criminal activity. The defendant must be punished for the victim.

NFT Thieves Legal Review

Returning to the rules of violation of the destruction of computer information, "interference in the operation of computer information" is the result of this violation. If the attacker manages computer data for hacking purposes, but does not interfere with the operation of the computer, it is theft. In computer information systems Offenses and other related offenses, criminal penalties. According to this theory, it is close to the principles of adaptation to sin and punishment.

At the beginning of 2021, the Supreme Court upheld the judgment of Rule No. 145 (Prosecutor Zhang Moumou on the case of illegal administration of computer data) which can serve as an argument to support this view.

The truth is that since July 2017, defendants Zhang Moumou and others have been collaborating in a rented room in Kuala Lumpur, Malaysia to earn money at a gambling venue advertised by a high school before and after research and evaluation. on the target server, control the target server After placing the Trojan program (subsequent program) in the browser, the Trojan program is connected using software such as "Chopper" to obtain information from background, exploitation rights such as search, add, delete . , and modifying the target server, adding content, gambling, and auto-jump functions such as setting up static web pages, sending them to target servers, and boosting. The distinction between advertising on gambling sites is questioned by search engines. At the end of September 2017, the accused Zhang Moumou and others were connected to the 113 target servers that were referred to the Trojan's services, and some web servers were also sent with the page A notice containing game content.

The administrator's point of view is that illegal administration of computer data can be achieved by modifying and adding computer data files, butIf it does not cause serious damage to the system or does not operate normally, destroying computer files is not considered a crime.

For example, in 2007, four people, including Li, the main maker and marketer of the "Panda Burning Cense" computer virus, launched a DDOS attack on a victim. Computer information uses a variety of "broilers" that I happen to do. An act that causes a paralyzed person to access computer information by claiming it and disrupting the normal operation of the computer information system will be punished accordingly as an offense of destruction of computer data. A hacker steals other people's equipment and data for the purpose of unauthorized access or illegal gain without causing malicious operation of the computer system. Information could be defined as theft.

so,If the NFT theft does not cause "computer data cannot function normally", the law acts within the scope of the theft.

finally write

"Notice of People's Bank of China, Ministry of Industry and Information Technology, Bank of China Regulatory Commission, etc. on Bitcoin Risk Protection", "People's Bank of China, Central Network Intelligence Agency, Ministry of Information Technology Industry, etc. . of token and financial information protection, etc. "" Security Notice ", virtual money is the marketing product and profitability of the industry.

Virtual money is created on a computer by special accounting procedures that require labor and financial costs. Most people get virtual rewards by sending money back to each other, for example.Cryptocurrency is a profitable business, and can therefore be used for product-related violations.

the same,NFTs are also commercially viable depending on various market factors., must belong to the Virtual Assets category. Therefore, for the purpose of being hacked by a terrorist to steal multiple NFTs through phishing software, he should be considered a thief.