Circular on Issuing the Ninth Batch of Guiding Cases of the Supreme People's Procuratorate
Circular on Issuing the Ninth Batch of Guiding Cases of the Supreme People's Procuratorate
Circular on Issuing the Ninth Batch of Guiding Cases of the Supreme People's Procuratorate
October 12, 2017
The people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government, military procuratorates, and the People's Procuratorate of Xinjiang Production and Construction Corps,
Upon a decision being made at the 70th Session of the 12th Procuratorial Committee of the Supreme People's Procuratorate on October 10, 2017, six guiding cases including the case on Li Binglong destroying a computer information system are hereby issued as the ninth batch of guiding cases to you for reference and application.
Case of Li Binglong destroying a computer information system (Jian Li No.33)
[Key Words]
Destroying a Computer Information System; Hijacking a Domain Name
[Basic Facts]
The defendant Li Binglong, male, born in August 1991, is running an individual business.
For the purpose of seeking illegal interests, the defendant Li Binglong premeditated to hijack Internet traffic to visit relevant gambling websites by modifying the link to the domain name resolution of large Internet websites so as to obtain the commissions for the advertising traffic of overseas gambling websites. On October 20, 2014, Li Binglong, by pretending to be a worker of a famous website, fabricating the business license of the company of the said website and so on, obtained the trust of the registered service provider of the website as well as the administration authority of the domain name resolution services thereof. On October 21, Li Binglong, through the account registered by him at the domain name resolution service website platform and by virtue of relevant functions of the said platform, automatically generated a partial DNS (domain name system) resolution list of the second-level sub-domain name of the said famous website, and modified the IP link to the sub-domain name of the website so as to connect it to the advertising release website of the gambling website established by the overseas virtual server leased by him. At 19:00 that day, the modification conducted by Li Binglong to the link to the domain name resolution server of the website took effect, making the website unable to operate normally. At 23:00, the famous website restored the normal operation after technical troubleshooting. On November 25, Li Binglong was arrested by the public security organ. By the time the crime was committed, Li Binglong had not made a profit yet.
Through forensic authentication, the famous website had 5.59 million effective users in total. In particular, the e-mail system had 360,000 effective users. As calculated by the average daily visitor volume of the computer client end, the average daily visitor volume of the e-mail system reached 123,000 from October 7 to October 20. Owing to Li Binglong's behavior, the famous website could not normally operate its service functions for about four hours from 19:00 to 23:00 on October 21, and the visitor volume of the computer client end of the e-mail system decreased from 123,000 to 44,300 on the day of the crime.
[Litigation Process and Verdict]
Under this case, the People's Procuratorate of Xuhui District, Shanghai Municipality instituted a public prosecution at the People's Court of Xuhui District, Shanghai Municipality for the defendant Li Binglong committing the crime of destroying a computer information system on April 9, 2015. On November 4, the People's Court of Xuhui District, Shanghai Municipality made a judgment and identified that Li Binglong's behavior had constituted the crime of destroying a computer information system. According to Article 4 of the Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Certain Issues relating to the Application of Law in Handling Criminal Cases of Endangering the Security of Computer Information Systems, Li Binglong's behavior fell under the circumstances that "causes a computer information system which provides services to more than 50,000 users to be unable to operate normally for more than one hour in total" and "the consequence is extremely serious". In combination with the circumstances of sentencing, Li Binglong was sentenced to fixed-term imprisonment of five years. After the first-instance judgment was announced, the defendant Li Binglong lodged an appeal. Upon the final verdict, the No.1 Intermediate People's Court of Shanghai Municipality upheld the original judgment.
[Gist]
The hijacking of a domain name by modifying the link to domain name resolution servers, causing a computer information system to be unable to operate normally is the behavior of destroying a computer information system.
[Guiding Significance]
The modification of the link to a domain name resolution server to force users to deviate from a target website or webpage and enter a designated website or webpage is a typical behavior of hijacking a domain name. The perpetrator's modifying of the domain name resolution server of a target website by malicious codes and maliciously redirecting the domain name of the target website to any other IP address, making the website unable to normally operate its service functions, was essentially alteration and jamming of the functions of a computer information system, consistent with the provision, "cancels, alters, increases or jams the functions of a computer information system" in Paragraph 1 of Article 286 of the Criminal Law. According to Article 4 of the Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Certain Issues relating to the Application of Law in Handling Criminal Cases of Endangering the Security of Computer Information Systems, where any person causes a computer information system which provides services to more than 10,000 users to be unable to operate normally for more than one hour in total, it shall be deemed that "the consequence is serious", and the person shall be punished for the crime of destroying a computer information system; where any person causes a computer information system which provides services to more than 50,000 users to be unable to operate normally for more than one hour in total, it shall be deemed that "the consequence is extremely serious".
The user number of the destroyed computer information system may be objectively identified as per the functions and use features of the computer information system and in combination with concrete situations such as registered users and browsing users of the website.
[Relevant Laws and Regulations]
Criminal Law of the People's Republic of China
Article 286 Whoever, in violation of State regulations, cancels, alters, increases or jams the functions of a computer information system, thereby making it impossible for the system to operate normally, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years.
Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Certain Issues relating to the Application of Law in Handling Criminal Cases of Endangering the Security of Computer Information Systems
Article 4 If any person who destroys the function, data or application program of a computer information system falls under any of the following circumstances, it shall be deemed that "the consequence is serious" as specified in Paragraphs 1 and 2 of Article 286 of the Criminal Law:
...
4. Where the person causes a computer information system which provides such basic services as domain name resolution, identity authentication and charging to more than one hundred computer information systems or provides services to more than 10,000 users to be unable to operate normally for more than one hour in total.
...
If any person who commits any of the acts specified in the preceding paragraph falls under any of the following circumstances, it shall be deemed that "the consequence of destroying the computer information system is extremely serious":
...
2. Where the person causes a computer information system which provides such basic services as domain name resolution, identity authentication and charging to more than five hundred computer information systems or provides services to more than 50,000 users to be unable to operate normally for more than one hour in total.
...
Case of Li Junjie et al. destroying a computer information system (Jian Li No.34)
[Key Words]
Destroying a Computer Information System; Deleting and Changing Shopping Comments and Shopping Website Evaluation Systems
[Basic Facts]
The defendant Li Junjie, male, born in July 1985, was a worker for a network company in Hangzhou.
The defendant Hu Rong, male, born in January 1975, was a policeman of the Jiujiang Public Security Organ of Jiangxi Province.
The defendant Huang Fuquan, male, born in September 1987, was a worker.
The defendant Dong Wei, male, born in May 1983, was unemployed.
The defendant Wang Fengzhao, female, born in November 1988, was a worker.
From May 2011 to December 2012, the defendant Li Junjie, at his work entity and home, contacted sellers on a shopping website that needed to modify medium and negative comments via chatting software independently or together with others, and purchased from Huang Fuquan et al.
......
October 12, 2017
The people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government, military procuratorates, and the People's Procuratorate of Xinjiang Production and Construction Corps,
Upon a decision being made at the 70th Session of the 12th Procuratorial Committee of the Supreme People's Procuratorate on October 10, 2017, six guiding cases including the case on Li Binglong destroying a computer information system are hereby issued as the ninth batch of guiding cases to you for reference and application.
Case of Li Binglong destroying a computer information system (Jian Li No.33)
[Key Words]
Destroying a Computer Information System; Hijacking a Domain Name
[Basic Facts]
The defendant Li Binglong, male, born in August 1991, is running an individual business.
For the purpose of seeking illegal interests, the defendant Li Binglong premeditated to hijack Internet traffic to visit relevant gambling websites by modifying the link to the domain name resolution of large Internet websites so as to obtain the commissions for the advertising traffic of overseas gambling websites. On October 20, 2014, Li Binglong, by pretending to be a worker of a famous website, fabricating the business license of the company of the said website and so on, obtained the trust of the registered service provider of the website as well as the administration authority of the domain name resolution services thereof. On October 21, Li Binglong, through the account registered by him at the domain name resolution service website platform and by virtue of relevant functions of the said platform, automatically generated a partial DNS (domain name system) resolution list of the second-level sub-domain name of the said famous website, and modified the IP link to the sub-domain name of the website so as to connect it to the advertising release website of the gambling website established by the overseas virtual server leased by him. At 19:00 that day, the modification conducted by Li Binglong to the link to the domain name resolution server of the website took effect, making the website unable to operate normally. At 23:00, the famous website restored the normal operation after technical troubleshooting. On November 25, Li Binglong was arrested by the public security organ. By the time the crime was committed, Li Binglong had not made a profit yet.
Through forensic authentication, the famous website had 5.59 million effective users in total. In particular, the e-mail system had 360,000 effective users. As calculated by the average daily visitor volume of the computer client end, the average daily visitor volume of the e-mail system reached 123,000 from October 7 to October 20. Owing to Li Binglong's behavior, the famous website could not normally operate its service functions for about four hours from 19:00 to 23:00 on October 21, and the visitor volume of the computer client end of the e-mail system decreased from 123,000 to 44,300 on the day of the crime.
[Litigation Process and Verdict]
Under this case, the People's Procuratorate of Xuhui District, Shanghai Municipality instituted a public prosecution at the People's Court of Xuhui District, Shanghai Municipality for the defendant Li Binglong committing the crime of destroying a computer information system on April 9, 2015. On November 4, the People's Court of Xuhui District, Shanghai Municipality made a judgment and identified that Li Binglong's behavior had constituted the crime of destroying a computer information system. According to Article 4 of the Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Certain Issues relating to the Application of Law in Handling Criminal Cases of Endangering the Security of Computer Information Systems, Li Binglong's behavior fell under the circumstances that "causes a computer information system which provides services to more than 50,000 users to be unable to operate normally for more than one hour in total" and "the consequence is extremely serious". In combination with the circumstances of sentencing, Li Binglong was sentenced to fixed-term imprisonment of five years. After the first-instance judgment was announced, the defendant Li Binglong lodged an appeal. Upon the final verdict, the No.1 Intermediate People's Court of Shanghai Municipality upheld the original judgment.
[Gist]
The hijacking of a domain name by modifying the link to domain name resolution servers, causing a computer information system to be unable to operate normally is the behavior of destroying a computer information system.
[Guiding Significance]
The modification of the link to a domain name resolution server to force users to deviate from a target website or webpage and enter a designated website or webpage is a typical behavior of hijacking a domain name. The perpetrator's modifying of the domain name resolution server of a target website by malicious codes and maliciously redirecting the domain name of the target website to any other IP address, making the website unable to normally operate its service functions, was essentially alteration and jamming of the functions of a computer information system, consistent with the provision, "cancels, alters, increases or jams the functions of a computer information system" in Paragraph 1 of Article 286 of the Criminal Law. According to Article 4 of the Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Certain Issues relating to the Application of Law in Handling Criminal Cases of Endangering the Security of Computer Information Systems, where any person causes a computer information system which provides services to more than 10,000 users to be unable to operate normally for more than one hour in total, it shall be deemed that "the consequence is serious", and the person shall be punished for the crime of destroying a computer information system; where any person causes a computer information system which provides services to more than 50,000 users to be unable to operate normally for more than one hour in total, it shall be deemed that "the consequence is extremely serious".
The user number of the destroyed computer information system may be objectively identified as per the functions and use features of the computer information system and in combination with concrete situations such as registered users and browsing users of the website.
[Relevant Laws and Regulations]
Criminal Law of the People's Republic of China
Article 286 Whoever, in violation of State regulations, cancels, alters, increases or jams the functions of a computer information system, thereby making it impossible for the system to operate normally, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years.
Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Certain Issues relating to the Application of Law in Handling Criminal Cases of Endangering the Security of Computer Information Systems
Article 4 If any person who destroys the function, data or application program of a computer information system falls under any of the following circumstances, it shall be deemed that "the consequence is serious" as specified in Paragraphs 1 and 2 of Article 286 of the Criminal Law:
...
4. Where the person causes a computer information system which provides such basic services as domain name resolution, identity authentication and charging to more than one hundred computer information systems or provides services to more than 10,000 users to be unable to operate normally for more than one hour in total.
...
If any person who commits any of the acts specified in the preceding paragraph falls under any of the following circumstances, it shall be deemed that "the consequence of destroying the computer information system is extremely serious":
...
2. Where the person causes a computer information system which provides such basic services as domain name resolution, identity authentication and charging to more than five hundred computer information systems or provides services to more than 50,000 users to be unable to operate normally for more than one hour in total.
...
Case of Li Junjie et al. destroying a computer information system (Jian Li No.34)
[Key Words]
Destroying a Computer Information System; Deleting and Changing Shopping Comments and Shopping Website Evaluation Systems
[Basic Facts]
The defendant Li Junjie, male, born in July 1985, was a worker for a network company in Hangzhou.
The defendant Hu Rong, male, born in January 1975, was a policeman of the Jiujiang Public Security Organ of Jiangxi Province.
The defendant Huang Fuquan, male, born in September 1987, was a worker.
The defendant Dong Wei, male, born in May 1983, was unemployed.
The defendant Wang Fengzhao, female, born in November 1988, was a worker.
From May 2011 to December 2012, the defendant Li Junjie, at his work entity and home, contacted sellers on a shopping website that needed to modify medium and negative comments via chatting software independently or together with others, and purchased from Huang Fuquan et al.
......