Special research report on the treatment and prevention of the crime of sharing the pseudo base station

research report

tengxunhulianwangfan· 2016-06-04 10:25:29

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this report by the Renmin University of China network crime and security research center and Research Institute of Tencent crime research cooperative research center released.

main author:
Xie Junze: Law School of Renmin University of China;
>: Wu Shenkuo
Chen; Qin: crime research center of Research Institute of Tencent;
Zhang Yangyang:
Ma Ruikai: Safety Management Department of Tencent Inc.
directory
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    two, pseudo base station technology principle and types of
    the latest trend of three, pseudo base station crime -- Based on the case study of
    four, pseudo base station crime trapped Exit on the substance and procedure that
 

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is a pseudo base station using 2G mobile communication technology defects, by forging the mobile communication base station mode forced to push all kinds of mobile phone short message content illegal communication equipment. Using pseudo base station equipment for the implementation of illegal crime, low cost, confusing. Therefore, the pseudo base station crime gradually into the high state. Some to send illegal advertising, and some used to steal fraud, and others to obtain personal information of citizens, and so on.
 
in recent years, the central departments jointly deployed against regulation pseudo base special action, all have carried out the special action to combat false base station, the pseudo base crimes has achieved the effect on strike level. However, with the deepening of the fight against pseudo base station operations, in the judicial practice has exposed a series of legal issues to deal with the crime of pseudo base station. For example, the crime of false base station crime to choose the problem, the pseudo base crime conviction standards issues, pseudo base crime investigation and evidence collection, and so on.
 
so this paper comprehensively expounds the technology principle and types of pseudo base station, mainly summarizes the judicial status of pseudo base station crime and its difficulties. This research also tries to reveal the judicial confusion of the pseudo base station crime in essence and put forward scientific and appropriate judicial recommendations. Finally, this research also expected from the criminal legislation of network crime, network security administrative supervision and investigation of law enforcement mechanism means to put forward the systematic countermeasures.

two
border-box; pseudo base station technology principle and type

(1)

1.6; border-box; China's second generation of public mobile communication system (GSM) using one-way authentication mechanism, that is, in the process of moving terminal communication, mobile network operators can identify the identity of the mobile terminal, And to verify its identity, but the mobile terminal can not verify the connection of the base station for the real and legitimate mobile operators base stations.

in view of this, the pseudo base station can be disguised as a legitimate base station of mobile operators, and mobile operators use the same GSM band, the illegal occupation of radio frequency, search for the a mobile phone terminal center, radius, using GSM network technology standard one-way authentication vulnerabilities, forcing mobile phone terminal from the base station and the surrounding legitimate access network and to pseudo base station, any number of forcibly push messages sent to the mobile phone terminal access in various forms.

(two pseudo base) Station type

according to the information content of illegal use of pseudo base station and send to that can be fake The base station is divided into a pseudo base station which transmits the illegal advertisement information as the goal, and the pseudo base station which transmits the fraudulent information as the destination and transmits the pseudo base station as the destination.
 
to illegal advertising messages for the purpose of pseudo base, refers to send invoice, gambling, pornographic information, credit card borrowing, lending and other illegal SMS content is the main purpose of pseudo base station. Pseudo base station, the technology is relatively simple, relatively small, is the largest number of the current judicial practice and the most typical pseudo base type.
 
to send information for the purpose of fraud pseudo base station, refers to send fraudulent information for the main purpose of pseudo base station. Pseudo base, which is a typical feature of fraud information type is very confusing. In particular, posing as mobile operators, banks and other institutions, to SMS, bank card overdue fraud and other information to deceive the user back to the phone and the implementation of telephone fraud fraud, or pretend to be acquaintances for remittances. Because the victim is a large number of false base station fraud is not specific to most people, so the harm of false information types of pseudo base is relatively large.
 
to send malicious links for the purpose of pseudo base station, refers to the pseudo base station sends contain malicious network address link. Malicious link type pseudo base station, it sends a malicious link address in the message, often pointing with cheat account password and personal information function of the phishing sites, or with a Trojan virus to steal all process account password and SMS, mail list and other data function sequence. Thus, the perpetrators can use the access to the account password and a variety of data information used to engage in theft, fraud and other illegal activities. Especially, some trojan virus is infectious and can automatically spread and infect other users (contact) of the mobile phone, easy to cause extensive damage and difficult to control, thus damaging the extremely powerful.

three
pseudo base station Crime -- the latest trend based on the case study of


(a pseudo base) The overall trend of

Chinese statistical judgment document network and Chinalawinfo network data, as of February 2016, the country involving pseudo base station criminal adjudication Piece (the first instance verdict) a total of 843 cases. It is not difficult to find, during the period from December 2014 to November 2013, the pseudo base crime criminal cases showed an active upward trend. However, with the improvement of the judicial organs throughout the network crime crackdown, since January 2015 to February 2016, the pseudo base crime gradually decreased. Statistics also show that the pseudo base crime more concentrated in economically developed, large areas of personnel mobility.
 
with judicial practice, the pseudo base crime cases mainly include two types: production and sale of pseudo base station equipment cases and the use of pseudo base station equipment case.
 
crime on the production and sales of pseudo base station equipment, the statistics show that at present, the production and sale of pseudo base station equipment crime cases, 94.37% illegal operators convicted, 5.36% is convicted of illegal sale of spy special equipment.
 
crime on the use of pseudo base station equipment, the statistics show that at present, the use of pseudo base station equipment criminal cases, 86.58% of the crime of destruction of public telecommunications facilities convicted, 11.02% of the crime of fraud (attempted) conviction, 1.69% to disrupt radio communications management order 0.42% is convicted of illegal operators convicted, 0.14% of the public telecommunications facilities convicted of negligent damage, 0.14% is the conviction of destruction of computer information systems.
 
overall, in 2014 the Supreme People's court and the Supreme People's Procuratorate, the Ministry of Public Security jointly issued "on the handling of the production and sales of illegal use of pseudo base station equipment case opinions according to law" (hereinafter referred to as the "opinions") under the influence of the nature of the crime and crime, for the production and sale of pseudo base station equipment crime cases more uniform. However, the use of pseudo base station equipment crime cases, due to the pseudo base station equipment has the characteristics of the crime, in the judicial practice of crime and the use of a large difference in the quality of the crime.
 
at the same time, because the pseudo base crime characteristics of occupation division, in the judicial practice in crime of destruction of public telecommunications facilities for the characteristics of "pocket crime" in the criminal. That is, in the case of accomplice and unable to identify the pseudo base station crime downstream organization, only for the pseudo base station crime to crime of destruction of public telecommunications facilities shall be investigated for criminal responsibility.

(two pseudo base) The current situation of

1

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" box-sizing: "> border-box; as mentioned earlier, for the production and sale of pseudo base station Equipment of criminal cases, the current judicial practice in the choice of the relative uniform, mainly in the illegal business mainly, a small number of illegal sales of espionage equipment for the crime of conviction.
 
 
for the use of pseudo base station equipment crime case, because the pseudo base station equipment with criminal tool characteristics, in the judicial practice of criminal charges for qualitative and differences, mainly involves the crime of destruction of public telecommunications facilities, disrupting radio communications management order crime the crime of fraud and other charges, a few.
 
according to the "opinions" provisions of the illegal use of "pseudo base station" equipment of the public telecommunication network signal interference, endangering public safety, in accordance with the "criminal law" article 124th of the provisions of the first paragraph, the crime of destruction of public telecommunications facilities shall be investigated for criminal responsibility; at the same time constitute the crime of false advertising, illegal access to personal information of citizens of crime, the crime of destroying computer information system, disrupt radio communications management order crime, criminal responsibility shall be investigated in accordance with the provisions for a heavier punishment.
 
the crime of destruction of public telecommunications facilities is being used in the intentional destruction of public telecommunications facilities, acts of endangering public security. Article 124th of the criminal law made the following provisions: the destruction of radio and television facilities, public telecommunications facilities, endangering public safety, more than three years of fixed-term imprisonment of seven years; if the consequences are serious, with imprisonment of over seven years.


judicial interpretation clearly lists two kinds of destruction of public telecommunications facilities, one is the truncated cable and optical cable and other physical means of destruction of public telecommunications facilities; two is used to modify the software, data and other technical means failure the telecommunication network computer information system. While the latter did not cause the physical damage to public telecommunications facilities, but in fact, but the destruction of public telecommunications facilities function, resulting in an objective of the public telecommunications facilities can not be normal operation. Style= box-sizing: "border-box
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using pseudo base station equipment, from a technical perspective, is in the mobile phone and legal
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