1, actively carry out good network culture education. As we all know, computers and networks are the products of high-tech development in recent decades, and the younger generation is the main learners, users and even creators of computer networks. The Internet is not only enriching and changing people's lifestyles, but also infiltrating new contents into social and cultural concepts, which is a huge impact on young people who are booming and inexperienced. If they don't grasp it well, their body and mind will be greatly affected. Therefore, it is very important to reform the education system in time, add new teaching contents, and establish the values and outlook on life that keep pace with the times to meet the needs of the network era.
2. Pay attention to establishing and cultivating correct network morality. In today's society, almost everyone's behavior is more or less adjusted by moral norms, and network behavior is naturally included. Accelerate the development of network security technology and strengthen the prevention and control of network technology. Because cyber criminals are often proficient in computer and network technology, preventing cyber crime is largely a technical contest. How to establish a more effective defense system for computer networks under the existing technical conditions? So far, the measures taken mainly include: first, combining prevention with anti-virus to combat the crime of spreading computer viruses; The second is to deal with network financial crimes by setting up firewall and adopting subject identification and verification technology; The fourth is to establish a software system, which can record all kinds of criminal evidence and store complete evidence for future inquiry, so as to counter the anti-investigation behavior of cyber crime.
3. Vigorously improve the legal measures to prevent and control cybercrime. Although many countries have a lot of legislation on computer and cyber crimes, for example, the new criminal law of China (1997) has made corresponding provisions on computer crimes, but these provisions are insufficient compared with the expanding and renovating cyber crimes, and can no longer meet the needs of the development and changes of cyber crimes. In order to cope with the increasingly serious cyber crime, it is imperative to further strengthen the legislation of cyber security.
Measures to prevent crime What are the measures to prevent crime? From different angles, they can be divided into different levels:
① According to different objects, it can be divided into general prevention and special prevention.
General prevention refers to preventing members of society from committing criminal acts. Its characteristic is that there is no specific target, but it is only used as a general preventive measure in society. The main contents include: perfecting various legal protection systems, carrying out various educational activities, advocating a good social atmosphere, improving the macro-social environment such as families and schools and the micro-environment of social institutions, resisting and eliminating the influence of various negative factors in society, strengthening conditional preventive measures, and reducing the opportunities and conditions for crime. Special prevention is the symmetry of general prevention, which means that criminals are prevented from breaking the law again by adopting special preventive means and measures, and they are imprisoned and reformed according to law. This is an important part of crime prevention measures. Its preventive function lies in: on the one hand, educating people, on the other hand, deterring criminals in society, so as to achieve the purpose of preventing and reducing crime. In preventing convicted persons from committing crimes again, the functions of special prevention are as follows: by applying the death penalty, criminals who have committed heinous crimes are physically eliminated, and the possibility of committing crimes again is completely eliminated; Through the application of life imprisonment, criminals are isolated from society for life and deprived of the conditions for them to commit crimes again in society; Through the application of fixed-term imprisonment and educational reform, criminals can experience the pain of punishment personally and consciously eliminate the idea of breaking the law again.
② According to the different scope, it can be divided into macro prevention and micro prevention.
Macro-crime prevention is a holistic crime prevention measure, which refers to mobilizing all social forces to cooperate with each other and taking political, economic, legal, moral and cultural measures to eliminate various causes and conditions of crime and carry out prevention. Macro-prevention generally includes the following main contents: developing economy and improving people's material living standards; Popularize cultural and scientific knowledge and education to improve people's cultural quality; Popularize legal knowledge and improve national legal awareness; Give full play to the functions of judicial organs, and make them truly become the main force in fighting and preventing crimes.
Micro-prevention of crime refers to setting up various defense lines to prevent and reduce social crimes and recidivism. It mainly includes the following aspects: mobilizing the people to actively participate in the struggle against crime and preventing crime, giving full play to the strength of the people to prevent and reduce the occurrence of crime; Various professional preventive measures taken by public security organs to reduce and prevent crimes according to the functions and powers entrusted by law. For example, the control of special industries, the control of fugitives and access review. Adopt various technical means to strengthen the crime prevention mechanism. Technical prevention refers to the measures and methods to prevent crimes by using advanced technologies such as optics, acoustics, chemistry and electronics. With the increase of crime and continuous intelligence, the possibility and necessity of technical prevention are also increasing, which plays an increasingly important role in crime prevention. Technical precautions mainly include safety system, alarm system and monitoring system, as well as some special technical precautions. Such as computer crime prevention technology. In addition, crime prevention measures can also be divided into: pre-crime prevention, crime prevention, post-crime prevention, strategic prevention, tactical prevention, long-term prevention, short-term prevention, mass prevention, occupational prevention and so on.
Various crime prevention measures are interrelated, coordinated and complementary. Because any crime prevention measures are based on the crime situation, the crime reason and the actual situation of a country or a place, the research on the crime situation, the crime reason and the national conditions constitute the basic extension of crime prevention.
What are the effective methods and measures to prevent crime? Prevention is an overall measure to prevent crime, which refers to mobilizing all social forces to cooperate with each other and taking political, economic, legal, moral and cultural measures to eliminate various causes and conditions of crime and carry out prevention. Macro-prevention generally includes the following main contents: developing economy and improving people's material living standards; Popularize cultural and scientific knowledge and education to improve people's cultural quality; Popularize legal knowledge and improve national legal awareness; Give full play to the functions of judicial organs, and make them truly become the main force in fighting and preventing crimes.
Criminal law applicable to cyber crime, what are the types of cyber crime? According to the relevant provisions of Chinese laws and regulations on cyber crime (computer crime), the scope of criminal law applicable to cyber crime is mainly divided into two categories. First, computer information systems and networks are aimed at crimes (as stipulated in Articles 285 and 286 of the Criminal Law, hereinafter referred to as "cyber crimes"). Computer information systems and networks are the targets of illegal and criminal acts such as hacking and spreading Trojan virus. Second, other crimes committed by computers and networks (as stipulated in Article 287 of the Criminal Law, hereinafter referred to as "network-related crimes") use computer information systems and networks as tools to commit illegal and criminal acts, such as online fraud, online pyramid selling and online gambling.
What are the hazards of cyber crime? The harm of cyber crime is as follows:
(1) Threats to natural persons. The threat of computer network crime to individuals is multifaceted, which is manifested in: the threat to intellectual property rights, the violation of personal freedom, the violation of personal information such as medical data, the violation and destruction of information in personal computer systems, the violation of property rights through the Internet, and the destruction of e-mail systems. , affecting people's normal work, study and life.
(2) Threats to enterprises. The threat of computer network crime to enterprises is mainly aimed at the protected property and proprietary technology of enterprises. As far as the financial field is concerned, due to the lack of sufficient attention to the computer crime problem accompanying the development of financial electronization, a considerable number of banks, securities and other units have not established corresponding business security prevention mechanisms and measures from the aspects of management system, personnel and technology, giving criminals an opportunity.
(3) threat to the country. Mainly manifested in: First, terrorist organizations surf the Internet, arbitrarily release terrorist information and exaggerate violent activities; Second, cult organizations vigorously promote racial discrimination, incite national hatred, undermine national unity, promote cult ideas, undermine national religious policies, incite social dissatisfaction, and even violent activities; Third, western forces go online, spread their ideology, values and lifestyle, and carry out cultural infiltration and aggression.
What are the cases of cyber crime? 1. The "Shenma" network theft case in Xuzhou, Jiangsu.
On March 9, 20 14, the police in Xuzhou, Jiangsu Province, in conjunction with Tencent, took ultimate revenge. By implanting Trojans into the mobile phones of several online shop owners and intercepting online banking messages, they successfully smashed a criminal gang that committed cyber theft in the name of "placing orders", arrested 37 suspects involved in the case in 14 province, and disintegrated a complete "writing horses-" The number of victims in this case reached 26 1 person, involving more than 20 million yuan.
2. Guangzhou "1 10 1- hacker" bank card theft case
20 14 in may, Guangzhou police successfully cracked a serious case of stealing bank cards by using hacking technology and arrested the suspect 1 1. After investigation, the gang stole the databases of several websites through network intrusion and tried to log the obtained data into other websites. After a large number of collisions, they illegally obtained millions of personal information and bank card information, and finally made illegal profits through criminal means such as selling information and cyber theft140,000 yuan.
3. Zhejiang Huzhou "515" fraud SMS case
20 14 in may, police in Huzhou, Zhejiang province busted a criminal gang that sent fraudulent short messages and arrested the suspect 18. According to the investigation, since 20 12, the organizer has contacted swindlers to receive mass fraud SMS service, and then sent the task to the next home through telephone, internet and other channels. The next home has accumulated hundreds of millions of online fraud text messages such as mass winning prizes, and illegally earned more than 3 million yuan.
4. Chongqing SMS intercepts Trojan theft
2065438+On May 27th, 2004, Chongqing police cracked a case in which a Trojan horse was intercepted by SMS and cashed in the stolen money by shopping, charging phone bills and buying lottery tickets on an e-commerce platform. Three suspects were arrested, two of whom were fresh college students. After investigation, the criminal suspect intercepted the short message that Troy forged as a dating message on a dating website, grabbed the online banking verification code by infecting the victim's mobile phone, then modified the password of his online payment application, and finally used the victim's bank card to "cash out" on the e-commerce platform.
5. The case of "318" fishing boat piracy in Yangzhou, Jiangsu Province
On May 30th, 20 14, the police in Yangzhou, Jiangsu successfully busted a pirate gang that built a phishing website by renting a Korean server and stole the victim's online chat account and password, and arrested six suspects in Guangdong and Guangxi. After investigation, from 2065438+2004+65438+ 10 to May, the gang sold illegally stolen online chat accounts and passwords 180935 groups to downstream online fraud criminals, with a profit of1570,000 yuan.
6. Beijing "2 28" fishing stolen credit card case
2065438+June 2004, Beijing police successfully destroyed a criminal gang that used phishing websites to steal users' credit card information and made profits by stealing credit cards, and arrested 3/kloc-0 criminal suspects such as number theft, ticket agency and fraud, involving more than 520 cases of stealing credit cards. After investigation, the gang published false information through a website platform to trick netizens into logging in to phishing websites and illegally stealing personal information and credit card information of netizens; Then collude with the ticketing agent to buy and sell tickets through online fast payment. The criminal gang has formed a complete black industrial chain that steals citizens' personal information and swipes credit cards, involving more than 3 million yuan.
7. Shandong Jinan "1. 15" air passenger information leakage case.
2065438+June 2004, the police in Jinan, Shandong Province successfully destroyed a criminal gang that used air passenger information to commit fraud, arrested 13 suspects, found out the source of information leakage of an airline's booking, and blocked security loopholes. After investigation, the criminal gang defrauded more than 30 passengers by stealing personal information, reselling information, committing fraud, withdrawing money and distributing stolen goods, involving more than 700,000 yuan.
What are the causes of cyber crime? Cybercrime refers to the general term for the perpetrator to use computer technology to attack his system or information, destroy or use the network to commit other crimes.
The influence of hacker culture on cyber criminals
Hackers have their own moral principles. Its contents include:
1, the use of computers should be unlimited and complete.
2. All information should be free.
3. Doubt authority and advocate decentralization.
You can create art and beauty on the computer.
5. Computers will make your life better.
These moral principles come from the thought and spirit of young people's freedom and resistance to the existing system in the 1960s. Although hacking has only meant destruction to computer technology and information network technology, "hackers are pathological computer addicts, and they can't control their irresponsible compulsive behavior." And according to tradition, hackers are used to seeing themselves as elites who dare to go beyond the rules. They are all ambitious and consider themselves pioneers of the new electronic world. Also, hackers are strongly dissatisfied with the application of electronic computers and electronic information network technology today, which is contrary to their ideals. On the one hand, I am keen to show off my talent in electronic technology; On the one hand, it flouts all laws and regulations. These two aspects of hacker spirit are the conceptual roots of computer crime and electronic information network crime.
(2) The limitations of network technology enable cyber criminals to display their talents.
The design goal and technical pursuit of electronic information network technology lies in enjoying information resources. Based on the pursuit of ideals, the early computer revolutionaries aimed at enjoying information resources. In the research and invention of computer technology and electronic information network technology, they pay more attention to the compatibility and interconnection of computers while paying attention to the large capacity, miniaturization and convenience of computers. It is some seemingly harmful hacker behaviors that promote the development and progress of computer security technology and electronic information network security technology. However, hackers and computer revolutionaries share the same goal and pursue such a technical ideal. Therefore, from the development of computer technology to today's network technology, the technology of microcomputer interconnection and information exchange is getting more and more progress, while the technology of information blocking of interconnected computers and the technology of guarding information for information holders are not really mature. While people enjoy the happiness of global instant messaging and information inquiry, they also have to bear the pain that their own information will be stolen or even tampered with by others at any time. Of course, if the original computer revolutionaries first paid attention to information security, it is likely that there would not be such rapid development of computer technology and network technology today. Therefore, it can be said that after the development of computer technology and network technology, crimes against computers and electronic information networks appear entirely because of the inevitable technical reasons for the development of computer technology and electronic information network technology.
Looking at the problem from another angle can also explain the inevitability of the existence of network crimes that endanger electronic information due to the limitations of network technology. In fact, since the beginning of the computer revolution, hacking against computers and information networks has always existed, but in the first 20 years, these hacking behaviors have not been accused (stipulated) as crimes. Hacking was not defined as a crime in the early days, on the one hand, because it was actually conducive to the progress of computer technology and electronic information network technology, and in fact promoted the development of computer technology and electronic information network technology, on the other hand, because the owners of computers (networks) and their information materials infringed by early hacking were mostly explorers pursuing ideal computer technology and electronic information network technology. They don't think hacking into other people's computer information systems is a crime. At that time, the society did not know enough about computer and network technology, and lacked a complete understanding of hacker attacks. With the popularization of computer technology and electronic information network technology, not only the whole society has gradually formed a clear and complete understanding and concept about it, but also the socialization of electronic information network has made the owners of computers, electronic information systems and electronic information materials expand their packaging to politics, business and even families, and hacking will no longer be tolerated. Based on the same idea that electronic information possessors don't want their rights to possess electronic information to be violated, in order to protect the rights of electronic information possessors from being violated, society must stipulate hacking as a crime and use penalties to prevent this kind of behavior from happening again.
(3) The legal system lags behind, conniving at using the Internet to commit crimes.
In order to protect the security of computer electronic information systems and electronic information networks, and combat computer crimes and cyber crimes, countries have carried out a series of legal construction work. By the 1990s, laws and regulations on computer crimes in all countries in the world were relatively mature, and these laws and regulations were basically aimed at crimes of hacking nature. Taking the Computer Abuse Amendment promulgated by the United States 1994 as an example, we can roughly see the similarities and differences of such laws and regulations. The Computer Abuse Amendment is the main criminal legislation on computer crimes in the United States at present, which focuses on the intentional access to computers without permission, but does not include the crime of making extensive use of computers and electronic information networks.
China's legislation on computers began with the Regulations on the Protection of Computer Software in 199 1, but this is only a law to protect the intellectual property rights of computer software. 1994 The Regulations on the Security Protection of Computer Information Systems promulgated by the State Council is a law to protect the security of computer information systems. Articles 285, 286 and 287 of the Criminal Law stipulate some computer crimes. Article 285 stipulates the crime of illegally invading computer information system, article 286 stipulates the crime of destroying computer information system, and article 287 stipulates several crimes of using computer information system, namely, using computers to commit financial fraud, theft, corruption, misappropriation of public funds, stealing state secrets and other criminal acts. The first two provisions roughly cover six kinds of criminal acts stipulated in the Computer Abuse Amendment of the United States, and the latter one is innovative to some extent, aiming at playing a positive role in cracking down on crimes using computer information systems. However, it is undeniable that the provisions of this article are too rough. Nowadays, crimes committed by computers and electronic information networks are becoming more and more common. Such rough regulations not only can't meet the needs of fighting and preventing crimes, but also hinder the fight against other crimes committed by computer systems and electronic information networks because there are too few specific examples in the regulations.
(D) Weak resistance is not conducive to the prevention and control of cybercrime.
The law defines hacking as a criminal offence, and the next task should be to investigate the criminal responsibility of those who commit such crimes. However, this kind of investigation is difficult to talk about! "A truly successful computer intrusion will not leave any traces, monitoring records will be deleted or modified, the reading time of files will be changed, and the read data will not be destroyed. There is no trace, so there is no criminal evidence. It is precisely because of the nature of this crime that it is impossible to estimate how many times this' perfect' crime has occurred, although the computer security system industry believes that this crime has occurred many times. "
In fact, in the computer information system, all data will keep the time record of the last reading, and the subdirectory containing the data will also keep the time record of the next reading. Even if the data is deleted, the time record of the subdirectory will not disappear. Therefore, computer information systems that are illegally read or illegally stored will leave rich legal evidence. The crux of the problem is that the evidence is not easy to find. Different from criminal acts in daily life, crimes against computers and information networks may not necessarily cause material losses to the victims. For those criminal acts committed by viruses or logic bombs, the victims did not notice the occurrence of criminal acts, and vital evidence information was also destroyed when the criminal results appeared. Even if crimes against computers and electronic information networks are discovered, some victims are reluctant to report them. On the one hand, some injured companies are worried that reporting the case will damage the security and reputation of their computer systems, thus losing customers; On the other hand, even if the case is reported, it is difficult for the investigation department to find out the perpetrators, and it is difficult to obtain reliable evidence to prove that they have committed criminal acts.
(E) The misunderstanding of social concept hinders the prevention and control of cyber crime.
The Internet has no center, no owner, no one related to it, and no official organizer, manager or controller. The online world is a developing society without a center, and it is an Eden of free will that no one can control. In this regard, one idea is to cheer for the influence of young citizens who rely on the digital world, and gradually spread the decentralized mentality from the online world to the whole society, making the traditional concept of centralized control a thing of the past. The problem of no center in the network world involves the deep-seated problems of human social and cultural concepts. In China, the use of computers and electronic information networks is not popular enough, and the influence of the concept that there is no central problem in the network world is not obvious. However, the anonymity and unrestricted characteristics of the network society have led to many cyber crimes. The number of netizens in China is expanding. What changes will happen to people's ideas, attitudes and behaviors in the network world without center, or what behaviors people will have in the network world without center, all need to be paid attention to.
Another misunderstanding of computer technology and network technology in society is that these technologies are future technologies and represent the future of the world, but they are not close to the current reality. It is based on this understanding that most middle-aged and elderly people in society are not eager to master the technology of using computers and electronic information networks, but actively demand and urge their children to learn to master computer technology and electronic information networks. The general concept of middle-aged and elderly people actually represents a basic tendency of society. This social tendency is to pay attention to the training and education of computer technology and electronic information network technology for teenagers, while ignoring the ability of middle-aged and elderly people to master computer and electronic information network technology. The educational deviation caused by this ideological tendency makes the vast majority of people in the whole society know and master computer technology and electronic information network technology are teenagers. Teenagers' social moral concepts and legal concepts are still in the process of cultivation and formation, and their self-discipline is weak, so they must rely on heteronomy to grow up. In real social life, teenagers and middle-aged and elderly people live in harmony in the same time and space, and can get timely education and guidance from middle-aged and elderly people, and heteronomy gradually promotes self-discipline. Even so, in real life, the rate of teenagers deviant, illegal and criminal is still very high. In the hyperspace network world created by computer technology and electronic information network technology, heteronomy hardly exists, and teenagers with weak self-discipline are more prone to deviation, illegality and crime.
What behaviors belong to cyber crimes? What are the means of cyber crime? It is illegal to cheat 4000+ and infringe upon the interests of others. Means are online pyramid schemes and so on.
What are the constitutive requirements of cyber crime? The constitutive elements of cyber crime are also divided into subjective elements and objective elements. Generally speaking, the subject of cyber crime is a general subject, and the criminal object is a complex object. Subjectively, it is intentional or negligent, and objectively, it is special behavior.
What are the manifestations of cyber crime: fishing, fraud, telephone eavesdropping, remote eavesdropping monitoring, black web pages, live pornographic videos, violent rendering, gambling and gambling, etc.