The Criminal Law Evaluation Of Attacking Database And Cracking Captcha Behavior

Information has become extremely important in modern society,becoming the new oil of modern society.Many criminals also want to seize this opportunity to gain profit,causing many new forms of crime.Attacking database and cracking captcha behavior is a new method to steal personal information of citizens.It is divided into the behavior of attacking database and cracking captcha.It uses original information obtained in advance,then match this information with the login systems of other websites and attempts to log in.While frequently logging in the website,it involves the identification and login of verification codes,and the coding platform can crack millions of verification codes in batches,and help the perpetrators of database collision to commit crimes.Therefore,the combination of "Attacking database" and "Cracking Captcha" constitutes a key link of the network black industrial chain.This act seriously endangers citizens’ personal information security and network security,and endangers the order of Internet security management.However,through the analysis of hundreds of judicial cases,this paper concludes that in judicial practice,the evaluation of this kind of behavior is different.On the one hand,for the behavior of attacking database,the judicial practice is often evaluated by the crime of infringing citizens’ personal information or the crime of illegally obtaining computer information system data.On the other hand,around the crime of coding and not crime,this crime and that crime also exist big differences.In practice,it is often used to provide the evaluation of the crime of breaking into the computer information system program coding behavior.Theoretically,some scholars point out that the crime of obstructing business should be added or the crime of destroying production and operation should be expanded to regulate cracking captcha behavior.Based on the pocketing tendency of the crime of illegally obtaining data of computer information system,the crime opposite quadrant should be reduced to the legal interest of data security,and the data representing the traditional legal interest such as citizens’ personal information,trade secrets and intellectual property rights should be excluded.Therefore,the behavior of ramming into the database aimed at obtaining citizens’ personal information should be evaluated as the crime of infringing upon citizens’ personal information.As for coding behavior,it does not belong to the program specially used to invade and illegally control the computer information system,nor does it destroy the production tools and means of production.In addition,the addition of the crime of obstructing business is not suitable for the legislative soil of our country.Therefore,this paper holds that in the case of no criminal contact,it should be defined as the crime of helping information network criminal activities;When there is definite evidence to prove that there is an intentional connection between the code breaker and the person who bump into the database,the offender who helps to bump into the database should be convicted and punished.In addition,because the behavior of attacking database and cracking captcha is the intermediate link of the network black industrial chain,the actor often carries out theft,fraud,extortion and other behaviors after obtaining the account and password data,and the problem of the identification of the number of crimes for these behaviors has gradually come into view.In this paper,the author holds that if the perpetrator for the same criminal purpose carries out the act of attacking database and cracking captcha and the subsequent crime,he should choose the implicated crime as the heavier punishment.If the perpetrator first carries out the act of attacking database and cracking captcha for the purpose of obtaining other people’s information,and then commits a downstream crime,he shall be identified as two crimes respectively and punished for several crimes together.In the network era,the law should pay equal attention to the foresight and the transition.I hope this paper can provide some reference for the judicial practice of the research on the new network crime.