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2012年3月1日 星期四

Without undue invasion of someone else's computer is a crime

           Case (17) no reason to hacking the computer is a crime

Taiwan, ROC Criminal Law Article of Article five 18 "without undue invasion of another's computer" crime, according to which states that: "no reason to enter another person's account password, crack the protective measures of computer use or the use of the vulnerability of computer systems, and intrusion of otherscomputer or related equipment, and three years imprisonment, detention or 10 million or less and a fine ".

Under this section is to protect the law benefits non-only personal law benefits, yet protection used by the computer security society law benefits, the perpetrator for committing this crime, must be subjectively has invasive of another's computer deliberate, someone else's computer without undue invasion behavior objectively, that isperpetrator for other people's computers without lawful permission, in circumstances not justified without the consent of the lawful authority of the people, and to enter other people's computers or related equipment, would constitute the crime, without invasion of the result of someone else's computerthe actual damage caused by the public or others as necessary.
However, the behavior constitutes a crime, one of the invasive behavior must be required by that section of the three invasive behavior, that is, no reason to enter another person's account password, the second, cracking protection measures of computer use, three, the use of computer systems loopholes, and invasion of others' computer or related equipment, such as hacking into computers or related equipment by other means, and this section, crime does not constitute.
Case facts

Today is the first day of a university class this semester, the students ended nearly three months, the joy of summer return to school ready to begin the course of the semester. Week Beautiful and Xu Xiaoqian Department of Psychology sophomore classmate, school dormitories and dormitory roommate, they are very pleased the school several years ago to complete the e-campus network systems, making them during the summer months, student elective function of the network system will be able to use the Internet to complete the course selection and print the Course list, each completed semester elective operations, and do not have to line up early in the morning in registration the day of artificial Course.

Week Beautiful morning to get up first thing is to open the campus network, her personal e-mail and was surprised to find the successful invasion of a title called "Goodbye!" E-mail, the e-mail and any content or signature week Beautiful are puzzled, roommate Xu Xiaoqian she also received to this same e-mail, the results of the school staff and students have received the same day to this same e-mail.

The school found a serious matter, and immediately through the school's computer center network management personnel to investigate and found that the students of the school online course registration system, and hacked the day before the semester begins. After the results of the inventory and found that all normal web content has not been any destruction, in order to maintain the safety of the campus network, school or reported to the police.

Subsequently, the police investigation found that a man named Hu Lide school dropout involving heavy too, Hu Lide last semester who were dropped out half credits fail, Hu Lide not only did not self-reflection, but hold a grudge, because of its during the school work in the school Office of Academic Affairs, was informed that the vulnerability exists in the school students in the online course registration system, in the middle of the night the day before this semester school began, he used computer access in the Internet cafe, or intrusion into the school students online course registration system, in order to retaliate, but he just view the elective list of classmates who did not appear to be any damage.
 
Legal AnalysisComputer crime has always been broad and narrow sense of both the broad computer crime refers to the tool or process of where the crime involves a computer or network is computer crime, narrow computer crime refers specifically to a computer or network for the attack object of crime. Due to a broad computer crime, the Criminal Law of China was originally that the provisions of the relevant penalties, no need to repeat the specification, but the narrow sense of criminal law there is no original specification of computer crime, easy to June 25, 2003 amendment of the Criminal Law, the new The increase in Chapter 36 of the Penal Code "prejudice computer crime, the criminal by the protector, in addition to individuals of legal interests include the social security law benefits.ROC Taiwan National Police Administration's Criminal Investigation Bureau under the ninth in the investigation team is a domestic computer crime investigation and prevention unit, the team formerly known as the Computer Crime Investigation and Prevention Group, the 85 years since the founding of the team The case has been seized over a hundred pieces, overview of computer crime cases, have the following characteristics:One, spread quickly: the Internet has far-reaching, rapid and widespread of the characteristics of great influence and destructive.Second, identity is easy to Tibet: the source URL of the Internet can be forged, cybercriminals often impersonate another person's identity, and therefore extremely difficult to track down his true identity.Three, the evidence is limited: computer crime scene, a fruit knife, blood, bullets, and clots of blood and other physical evidence, only electromagnetic record left by the cyber crime is not a resistance of evidence such as fingerprints, DNA, how to enhance the electromagnetic record probative force is indeed a big challenge.Four, destroyed certificate is easy: cyber crime is not only limited evidence and the evidence is very easy to destroy. For example, the wrongfulness of the internal computer books, the roster and other information, as long as the tap the delete key or perform the formatting instructions, which can instantly destroy.Five, amending the law difficult: in October 1995 the Legislative Yuan have to amend the Criminal provisions for computer crime count eight. However, ever-changing computer technology, inadequate control of emerging computer crime required, Internet technology has brought new problems, often caused legislators to catch up to them, it is again amended on June 25, 2003 in China the Penal Code, new Chapter 36 of the Criminal Code Offences computer crimes ".Six or transnational jurisdiction: the online world without borders, the source of cybercrime often occurs in a foreign country, which also resulted in investigating Internet crime, transnational jurisdiction of the features.Seven, the investigation is not easy: the above characteristics, resulting in the investigation of cyber crime is not easy. At the same time, the national law and practice certain behavior is illegal, different criteria, such as the identification of gambling or pornography, but also makes the illegal acts of the transnational nature of the site, increasing distress in the investigation more difficult to investigation.Above prejudice to computer crime, "criminal type, the most common is the so-called" hackers "behavior, is not been granted permission and without permission of person agree, there is no justification, while without authorization to enter another person's account password, crack computer protection measures or the use of the vulnerability of computer systems, the invasion of others' computer or related equipment, technical point of view, the behavior of people through this, into someone else's computer server control central processor, memory devices, input devices and output devices, other computer according to instructions to operate its services.In this case, due to Hu Lide during the school have working in the school Office of Academic Affairs, that the vulnerability exists in the school students in the online course registration system, so the use of computer access in the Internet cafe, or intrusion into the online course of its students system, that is, into the school network server, open the folders and files, peek past the elective list of classmates who did not cause any damage results, but constitute a Criminal Law Article 48 no reason to hacking is a "crime, according to the article states:" no reason to enter another person's account password cracking protection measures of computer use or the use of the vulnerability of computer systems, and invasion of the computer or related equipment, and three years imprisonment , criminal detention or Branch or 100,000 yuan.This section, the protection of the law benefits, non-only personal law interests and still protect the computer safe use of social law benefits, the perpetrator for committing this crime, must be subjectively has invasive of another's computer deliberate, someone else's computer without undue invasion behavior objectively, that is perpetrator for other people's computers without lawful permission, in circumstances not justified without the consent of the lawful authority of the people, and to enter other people's computers or related equipment, would constitute the crime, without invasion of the result of someone else's computer the actual damage caused by the public or others as necessary.However, the behavior constitutes a crime, one of the invasive behavior must be required by that section of the three invasive behavior, that is, no reason to enter another person's account password, the second, cracking protection measures of computer use, three, the use of computer systems loopholes, and invasion of others' computer or related equipment, such as hacking into computers or related equipment by other means, and this section, crime does not constitute.Therefore, in this case, the Huli De advantage of loopholes in the school students in the online course registration system, intrusion of the elective system, did not cause any damage results, but constitute a Criminal Law Article 48 without undue invasion of another's computer crime. In accordance with the provisions of the Penal Code Article 363: "three hundred and fifty eighth to three hundred and sixtieth of the crime, to be told is the theory." Therefore, in accordance with the Code of Criminal Procedure Article 37: tell that is the theory of the crime, told should be contented to tell the person knows that prisoners from whom within six months. "school to be seized by the police learned that Hu Lide from criminal suspects, within six months criminal to tell.Experts suggest thatSchools should strengthen campus security safety net, to establish an effective information security system, its priorities include: anti-virus, anti-Hai (firewall, waterproof wall), filter spam, this is the most basic security mechanism (ISMS Information Security Management System), and the prevention of threats to information security, how to prevent the occurrence of natural disasters, how to prevent the generation of man-made, is the top priority of the campus information environment.With the rapid development of Internet technology, in addition to a variety of Internet business models have emerged, and also produce all types of Internet crime, Internet crime prevention, prevention of a pound of cure is the only way.First, the strengthening of self-restraint of the Internet users and network management: In addition to promote Internet use and self-discipline, network managers should not accept the posting illegal information, including violent, obscene, unfriendly information, and active filtering threatening information of criminal suspects, and the prevention of hackers and virus invasion.Second, research and development of crime investigation and prevention technology and to encourage people to report: R & D network investigation and prevention technology, able to track down cyber criminals or the spread of the source of the virus, although some sites set up in a foreign country, but some sites registered abroad, but The server is on the domestic operation is technically able to track their. The criminal investigation unit should also encourage people to report to curb the occurrence of Internet crime., Education advocacy: the government and to school authorities should be basic knowledge for the youth network ethics and law, and the correct use of concepts, strengthen education advocacy work.Mutual cooperation between the International: Governments must be through international cooperation, to jointly crack down on Internet crime, cooperation projects, including the transfer of the investigation and prevention technology, the experience of learning, transfer and tracking of evidence against the extradition of criminals.ReferenceThree hundred and fifty eighth of the Republic of the Criminal Code: "no reason to enter another person's account password cracking protection measures of the use of computers or computer systems vulnerabilities, and invasion of others' computer or related equipment, and three years imprisonment, criminal detention or Branch or Division 10 years in prison. "Republic of China Criminal Law Article 363: "three hundred and fifty eighth to three hundred and sixtieth of the crime, to be told is the theory."

 
Republic of Code of Criminal Procedure, two hundred and thirty seventh: "Tell is a theory of the crime, should be told contentment, within six months from the time tell the person knows the prisoners."
 

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