[Electricity Supplier Quick Review] Many Spells Are Lost By "Wool". Who Should Pay?

In the early morning of January 20th, there were many serious loopholes in the network pmission. Users could receive 100 yuan no threshold coupons.

Subsequently, some netizens revealed that the coupons could be recharged for telephone and Q coins.

At 9 a.m., Netizens found that many coupons were put on shelves until about 10 o'clock.

In response to the BUG incident, a lot of responses were made. "In the early morning of January 20th, a group of black and gray products had stolen tens of millions of platform coupons through an expired coupon loophole, making unlawful profits.

In view of this behavior, the platform has repaired vulnerabilities for the first time, and is tracing the related orders.

At the same time, we have reported to the public security organs, and will actively cooperate with relevant departments to crack down on the black and gray production groups involved.

At the same time, in the latest "situation note" released on the afternoon of 21 days, it is said that a lot of efforts will be made to crack down on black ash production groups, and there will be no half compromises and concessions.

For ordinary consumers who are being coerced, there will be no further accountability on the platform's subjective will, but too many spells do not support such abnormal behavior.

In order to fully protect the interests of consumers who normally participate in the activities of the platform, during the activities of "annual goods Festival" and "Spring Festival not closing up", a lot of bonus will be added to the one hundred million yuan annual goods red envelope allowance, which will be distributed to the platform consumers.

In addition, the Shanghai police have filed a case of "cyber fraud" and set up a task force. In accordance with the relevant provisions of "property preservation", the police ordered batch freezing of orders.

So, in this case, will consumers be liable for collecting and using loopholes in consumer coupons?

Is it reasonable to collect the coupons that have been collected?

Who should bear the loss of too much?

What kind of organization is the black ash production Gang?

For e-commerce what harm? E-commerce research center will further understand.

See item 20 billion for one night?

Much more response: faster than wool, rumor spread speed http://www.100ec.cn/zt/pddhy/

Interpretation 1: how to treat "wool"?

In recent years, the network black ash production has become a huge, complex, hidden and efficient industrial chain, among which "wool" is one of the profit models.

In this regard, Cao Lei, director of the electronic commerce research center, said that today's professional "wool party" has belonged to the black ash industrial chain, showing the trend of gang, scale and automation, and its harm should not be underestimated.

Such a "wool party" is now all over the Internet, and it makes a lot of profit by buying cheap and selling at high price.

In the latest "case notes", we have mentioned that the coupons stolen by the "black coupon" group used in the "coupons loopholes" are a lot of coupons that were previously generated with a TV program (Jiangsu satellite TV "if you are the one"). The special type of coupons you need for the program recording is only for on-site guests.

In addition, this type of coupons has never appeared at any time and in any way on the platform's normal online promotional activities, or even has any online access.

After obtaining the two-dimensional code scanning code generated by abnormal path, the two dimensional code was mostly spread on the social platform related black ash production group.

Never create any two-dimensional code for this type of coupons, and never display such coupons related information and two-dimensional code in APP and applet.

Cao Lei also said that there are two possible reasons for this loophole, one of which may be a loophole in the business strategy of the platform, and the other may be a premeditated black ash production organization operation.

But for now, the latter is more likely.

First of all, the incident started early this morning, and there were tens of millions of losses in just a few hours, and four rumours had been fermented to the Internet.

Secondly, with the increasing scale of Internet black ash production, the entire Internet industry, including the electricity supplier industry, has brought enormous challenges. For example, the computer hosts sold on the platform of the giant Jingdong are seven days without reason to return the goods. This is supposed to protect the legitimate rights and interests of consumption, but some second-hand traders will take advantage of this loophole and replace some chips and motherboards with old ones after purchase.

From the perspective of legal liability identification and user rights protection, Cao Lei believes that if the platform is actively launching activities, it should follow the official instructions to deliver the promise, which is equivalent to signing an agreement with the users online, of course, the platform must be implemented.

But a lot of related statements have shown that users have stolen coupons through an overdue coupon vulnerability.

In this regard, according to the relevant provisions of the contract law, it is not necessary to take legal responsibility to cancel or reclaim coupons, which is also emotionally understandable.

How to properly solve this "loophole", Cao Lei believes that if we want to divide it into two parts, on the one hand, if it is an activity launched by the platform actively, then we should honour the promise according to the official statement, which is equivalent to signing an agreement with the users on the Internet. Of course, the platform must be carried out; on the other hand, according to the supplementary law stipulated in our contract law, if the contract agreement signed between the two sides is obviously unfair and unequal, then it is not necessary to undertake the corresponding legal responsibility when canceling or breaking the contract, but at the same time, it is understandable from the emotional level, but legally speaking, the audience may be untenable.

Two: do you have the right to cancel the coupons?

In this regard, Cao Lei, director of e-commerce research center, said that after a lot of publicity, a small number of users may return, but most of them have been recharged or consumed, and this is difficult to recover.

Unused can be frozen to a certain extent to recover the loss.

At the same time, according to the relevant provisions of the contract law, if there is a lot of coupons loopholes, there will be a lot of "malicious" actions by the black wool party. Such a paction is a contract with a "major misunderstanding" and can be revoked.

In addition, the donor can enjoy the right of revocation, that is, the donor can withdraw the gift before pferring the right of the gift property.

The main purpose is to give the gift to the recipient and the recipient to achieve a consensual requirement before the realization of the right to regret, so that the donor does not cause emotional impulse, thoughtful, and ratie the value of valuables such as real estate and other valuables free to give others.

It can be reasonably revoked from the fact that coupons are always attributable to donation behavior.

At the same time, lawyer Fang Chaoqiang, a special research fellow of the electronic commerce research center and lawyer of Beijing Ying Ke (Hangzhou), said that there is no obstacle to recover in the legal practice. However, in actual handling, based on user experience, a lot of losses may be recognized.

From the point of view of stop loss, many coupons have already been put together. At the same time, the coupons that have been collected but not used can be stopped completely. Even if the coupons have been placed, the orders that merchants have not yet delivered can also be directly closed, which can effectively stop losses.

And if it is really "black and grey production team", in the process of handling criminal cases, a lot of incidental civil proceedings can be filed, requiring specific infringers to bear losses.

Interpretation three: what kind of organization is the black ash producing group?

What harm does it bring to the electricity supplier? In the numerous statement, the public may not know very well, but the industry has been in harm for a long time.

It is understood that there are four main types of "black ash industrial chain": 1, the technology of black ash industry, including the source of black ash industry, including false account registration; 2, the platform type of black ash industry for illegal pactions and exchanges; 3, the technology of black ash industry, such as Trojan horse implantation, fishing net station, all kinds of malicious software; and 4, network black accounts, mostly maliciously registered, false authentication, theft and so on.

At the same time, in 2017, there were hundreds of active black and grey industrial platforms in China, and the black ash industry has reached the scale of nearly 100 billion yuan. However, the scale of China's network security industry is about 45000000000 yuan.

The profit means of "black ash production" are mainly "hit library" and "garbage registration".

The first is "hit the library", that is, some user names and passwords that are leaked from other platforms, and continue to try on other platforms. If the login is successful, they will steal the assets information in the account first, and then use the stolen accounts to do some things like wool and other related things.

The second one is "garbage registration". If we want to make money for black production, we must have a large number of accounts. Black products will register thousands of trumpets to prepare for subsequent activities. This is the root of all evil.

In this regard, Li Min, a research fellow at the electronic commerce research center and senior partner of Hansheng law firm in Shanghai, said that the national Internet Emergency Center had defined the "black production" as follows: first, it launched a gang of hackers who were suspected of denial of service attacks; the two one was stealing personal information and property accounts, and three was a counterfeiting gang for financial and government websites.

Grey production refers to "malicious registration and false authentication". Its characteristics are in the blank area of legal supervision, and it is the upstream industry chain of black production.

Here, we need to make it clear that the term "black ash" is only a form of address in practice. At the legal level, there is no clear definition of black ash production.

According to their behavior, it may constitute fraud, contract fraud, theft, and computer information system crime.

In addition, Fang Chaoqiang, a research fellow of the center for electronic commerce research and lawyer of Beijing Ying Ke (Hangzhou) law firm, believes that black coal ash is actually a network term, and there is no clear concept and extension. From this many events, there are several facts that should be clear: 1., we should take the initiative to find loopholes in the system instead of destroying and tampering with the system; 2., we know that it is loopholes; 3., we should exploit loopholes to make profits; 4., coupons should be valuable assets.

Therefore, from the perspective of the constitutive requirements of crime, the individual considers it is suspected of theft.

In addition, Cao Lei, director of the electronic commerce research center, believes that the domestic "wool party" has formed a highly organized black grey production organization.

These woollen parties are not only skilled but also well aware of public opinion. Once they touch the wind control high-voltage line, they can not reach the wool. They will press the platform through various social media.

If we go to BAT and go to the newly established Internet Co, we will face a huge threat from the wool party as long as we hold market activities.

Internet finance, live broadcasting, games and other fields are the hardest hit areas of the "wool party". Some start-ups even go bankrupt.

On the one hand, Internet Co needs to improve its internal strength and constantly strengthen its ability to control wind. At the same time, it also appeals to relevant departments and law enforcement agencies to increase the crackdown on Internet black ash production such as "wool party", "brush list" and "black public relations".

At the same time, Cao Lei also said that in the strict sense, the identification of black ash should be carried out by the corresponding regulatory departments or public security network supervisors.

Of course, if the platform side can provide sufficient and effective evidence and materials, it will also help regulators, judicial, public security and other departments to identify.