editorial comment/note
Drunk troubles, drowning accidents, "salty pig hands", two robberies and one thief … … With the coming of summer, the climate and people’s way of life and entertainment have changed, and the social security situation has also changed. Protecting summer peace and maintaining harmony and stability are the ardent expectations of the people.
In order to actively respond to social concerns, the Ministry of Public Security deployed the national public security organs to carry out the "100-day action" to crack down on public security in summer; Local political and legal organs, in light of the actual situation, actively carried out the work of controlling "drunk driving", preventing drowning, cracking down on street crimes and providing legal services at night, which was well received by the masses.
Starting from today, the Jingwei Edition of the Rule of Law launched a special report on "The Rule of Law Guarding Summer Peace", showing the vivid practice of local political and legal organs in adhering to the people-centered, being brave in reform and innovation, vigorously rectifying social security problems in summer, and guarding the peace of one party. Please pay attention.
□ Our trainee reporter Zhang Shoukun
□ Our reporter Zhou Bin
Social groups with hundreds or even thousands of members are "quiet" because the group owner has turned on the all-forbidden mode, but many people in the group show "online". From time to time, the group administrator sends some video pictures to the group, and the content is unsightly — — Involving women’s private parts or privacy places such as bedrooms and toilets, and shouting "If you want to see more exciting content, you can talk privately to group owners".
This is a scene seen by the reporter of "Rule of Law Daily" recently by undercover sneak shots.
After the summer, the sneak shots increased. According to public reports, recently, there have been cases of illegal sneak shots being arrested in subway places in Beijing, Shanghai, Guangzhou and other places. The reporter’s investigation found that sneak shots of equipment and videos are more active in online sales, and a black industrial chain for sneak shots has been formed.
Social groups sell candid videos.
Set theme daily update
"No need to pay, just use screenshots. Download an application software in the application mall, scan the QR code in the screenshot and watch the video for one minute. After adding friends, you can chat with me privately with the screenshot with user ID interface, and you can enter the sneak shot group for free, and all kinds of original videos in it can be watched for free. "
On July 12, after the reporter joined a social group, the group owner immediately sent this message. After the above operation, the reporter was dragged into a group called "the bottom-hunting information sharing group", and there were a few candid videos and pictures in the group. At this time, a message of @ All members pops up: "The preview group only shows a small number of videos for everyone to experience. If you want to see more exciting content, you can chat directly with the group owner and join the paid SVIP group."
In order to make an in-depth investigation, the reporter joined the SVIP group and found that, unlike the previous "copy-sharing group" with thousands of members, the SVIP group only had more than 300 people, but more than 200 people showed that they had recently been online or online, and the group uploaded more than 1,000 sneak shots, which were updated at a frequency of twenty or thirty per day.
"There is also the content of the sneak shot that day, which will definitely not be the resource of the bad street." The SVIP group owner declared.
The reporter saw that most of these sneak shots were short videos of women’s skirts in subways, supermarkets, auto shows and other places. From the camera point of view, most of the photographers are following the victims and waiting for an opportunity to start behind them. At the same time, there are some candid videos from hotel rooms and private bedrooms. The time in the lower right corner of the video shows that most of them were taken in the past two years.
An online shop owner who specially modified the mobile phone camera told reporters that in public places, the success rate of sneak shots is high during commuting hours or when there are many people, and people’s attention is distracted; If you use a mobile phone with a modified camera or a sneak shot device, the success rate of sneak shots is much higher than that of ordinary mobile phones.
In the investigation, the reporter found that some sneak shots were classified by "special hobbies" and set with the theme of "toilet shooting", "hotel shooting" and "bathing shooting". The group owner will also offer discounts to those who have purchased the qualification of "sneak shot members". For example, after the reporter joined the SVIP group, an administrator sent a private message saying that he could enter the "toilet shoot" group at a discount of 60%. Pay two or three hundred yuan to enter a timely update group that claims to be all the sneak shots of the day.
Where did these candid videos come from?
It is understood that some criminals specialize in selling videos by sneak shots, others specialize in purchasing and collecting sneak shots, and some people exchange by uploading their own sneak shots.
An "insider" told reporters that his picture package resources were purchased from a "big shot in the industry" who specializes in taking pictures of models and online celebrity, and a set of resources can sell for more than 6,000 yuan; There are also people who have existed for many years and specialize in shooting skirts in streets and public places.
Online shop sells candid camera equipment.
Mobile phone modified lens sneak shot
If there is a sneak shot video, there must be a sneak shot device. Where did these sneak shots come from?
On an e-commerce platform, the reporter searched for "miniature", "needle head" and "disguised head" and found dozens of online stores selling pinhole cameras, which sold a variety of pinhole cameras. According to these online stores, pinhole cameras can be disguised in various items, such as patch panels, thermos bottles, car keys, humidifiers, shampoos and so on.
The reporter contacted the customer service of one of the online stores, and the other party quickly sent a physical picture of a pinhole camera, which was 3.8cm in diameter and 1cm thick and shaped like a button, only a little bigger than a coin. Customer service told reporters: these pinhole cameras can be monitored in real time when there is a network, and can also record and play back when there is no network; Some need to go back to the place to receive the video, while others can be downloaded directly through the corresponding software.
In order to avoid the supervision of the platform, some online stores have "contact customer service to see the picture" on the cover picture, and there is no physical display. Some online stores "sell dog meat by hanging sheep’s head" and replace pinhole cameras with other products, and only when consulting customer service will they get the information of the items actually sold.
In addition, some stores say that they can modify the camera of mobile phones, which costs 1,200 yuan to 3,000 yuan. Most brands of mobile phones on the market can modify the front camera to the top, which is convenient for sneak shots.
The reporter’s investigation found that there are also cases of buying the right to use the sneak shot equipment online. A vendor told reporters that their candid videos are updated in real time, and cameras are placed on beds, massage chairs and other places. "After purchasing the right to use pinhole cameras, you can watch recent videos or even live broadcasts. As for what you see, it depends on your luck. It may be everyday life at home, but there are also some fragrant pictures, you know."
After the investigation, the reporter reported it through the platform system for the first time. The customer service told reporters that the platform will generally impose penalties such as closing stores for businesses selling contraband. Within 24 hours after the report, the platform sent a notice to the reporter that the processing was completed. The reporter found that the product link reported before was clicked again, and the product had been removed from the shelf, indicating that "the product has been sold out", but the store is still in normal business, and other pinhole camera products in the store can still be browsed and purchased normally.
Some merchants told reporters that they were not afraid of being reported at all. Anyway, they were all registered in trumpet. Even if you are reported to be off the shelf and closed, just open an online store with another account.
In fact, the sale and use of pinhole cameras have been suspected of illegal crimes. China’s criminal law clearly stipulates that anyone who illegally produces or sells special spy equipment or eavesdropping or stealing special equipment shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; Whoever illegally uses special equipment for eavesdropping or stealing photos, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.
Strengthen supervision and source governance
Criminal strike forms deterrence.
Cracking down on the rectification of the black industrial chain, the relevant departments made a strong attack.
In the "100-Day Action" of public security crackdown and rectification in summer deployed by the Ministry of Public Security, the network security department of public security organs across the country cracked down on illegal production, installation and control of eavesdropping and photo stealing equipment such as webcams, as well as sneak shots and voyeurism. More than 140 cases have been detected, more than 40 dens of illegal production of special equipment for eavesdropping and photo stealing have been destroyed, more than 380 criminal suspects have been arrested, and more than 100,000 special equipment and parts for eavesdropping and photo stealing have been seized.
Hu Yunyun, a lawyer of Beijing Yihe Law Firm, believes that on the one hand, it is necessary to strengthen the source management, strengthen the supervision of the production and sales of special equipment for eavesdropping and stealing photos, and strengthen the qualification management of manufacturers. Major e-commerce platforms should review sensitive goods sold by merchants, and urge merchants to register consumers’ purchases in real names, so that the source and destination of related equipment can be traced; On the other hand, it is necessary to constantly improve relevant laws and regulations, increase the punishment for related illegal acts, and increase the illegal cost.
Hu Yunyun noticed that in recent years, many people who "sneak shot the bottom of women’s skirts" were mostly punished by administrative detention. He believes that compared with the physical and mental damage caused to the victims and the high illegal income, such punishment is difficult to resist the profit-making impulse of some people.
"In addition to administrative punishment, the infringer may be required to bear civil liability according to the relevant provisions of the Civil Code on Personality Rights and Tort Liability. If the suspect spreads the video of the sneak shot on the Internet and the content of the sneak shot is in line with the definition of the scope of obscene articles in Chinese law, it may be suspected of constituting the crime of spreading obscene articles. " Hu Yunyun said that the criminal law should also exert its coercive power and deterrent power to sneak shots of illegal production and sales in the black industrial chain.
Xie Shu, an associate professor at the School of Criminal Justice, China University of Political Science and Law, said that sneak shots may constitute the crime of making, copying, publishing, publishing, selling and disseminating obscene articles for profit if they involve the production, copying, publishing and disseminating for profit. If the video or picture obtained from the sneak shot is spread, if the circumstances are serious, it may constitute the crime of spreading obscene articles. Even if there is no "profit-making" and it does not involve serious communication, the act of stealing pictures may still constitute the crime of compulsory obscenity. Cases against children have been handled in judicial practice before.
"The reason why some sneak shots are punished by administrative detention at present is mainly because in the past criminal justice practice ‘ For the purpose of making profits ’ Or if the circumstances are serious ‘ Threshold ’ Higher, which requires the judicial organs to further clarify the applicable standards of the law through judicial interpretation and guiding cases and typical cases. " Xie Shu said.
Hu Yunyun called on the victims to be brave enough to use legal weapons to defend their rights and interests after discovering that they have been infringed. "Cases involving personal privacy are not heard in public according to law, so the infringed person does not have to worry about defending his rights through civil or criminal channels. It is suggested to do a good job of fixing evidence before prosecution and resolutely tell illegal acts ‘ No ’ 。”
Cartography/Li Xiaojun
