| DNS traffic hijacking is a criminal method that can strip Internet users ’access requests from the normal data link and put them in the criminals’ own servers.The criminals can redirect the hijacked access requests to others at will On the server,you can also add any code to achieve your various illegal purposes.Traffic hijacking will not only make the user’s Internet experience worse,but also put important information under the control of criminals,website operators will also suffer huge losses,and the operating costs of network operators will also rise due to countering traffic hijacking.The forms of traffic hijacking are very diverse,and its legal regulation is quite complicated.Among them,DNS traffic hijacking is the most common and relatively simple type of traffic hijacking.At present,the regulation of DNS traffic hijacking in China’s judicial practice is still in the exploration stage,and the theoretical research is not enough.This article will focus on the principle of traffic hijacking and the legal benefits of criminal law,and sort out and discuss the criminal law regulation path of DNS traffic hijacking.The first chapter of this article introduces the concept of DNS traffic hijacking and clarifies the necessity of criminal law-based DNS traffic hijacking.First introduce the overall concept of DNS traffic hijacking,explain its general principle and the scope of possible harm,and then introduce the definition of crime in China’s criminal law,introduce China’s "5·19" network paralysis case and Brazil Rio Rio Grande domain name Parsing the traffic hijacking case shows that the domain name parsing traffic hijacking is dangerous enough to be considered a crime.Later,by introducing the famous "3Q" battle between Tencent and Qihoo,it shows that civil litigation should have limitations on the hijacking of DNS traffic.By explaining the danger of DNS traffic hijacking and the limitation of civil lawsuits to regulate this behavior,it illustrates the necessity of criminalizing DNS traffic hijacking.In the second chapter,summarizes and re-examines the typical jurisprudence of using different criminal charges available in China to regulate different forms of DNS traffic hijacking,and introduces the current domestic and international legislation on DNS traffic hijacking.By analyzing the status of legal confirmation of different forms of traffic hijacking in domestic judicial practice,and observing the characteristics of foreign legislation,looking for the merits of the judgment and the problems exposed,and then gradually clarifying China’s current laws and regulations on DNS traffic hijacking The difficult problems and preliminary discussion of the problems.The author puts forward several key concepts in the crime of destroying computer information systems,the crime of illegally controlling computer information systems,and the crime of illegally obtaining computer system data,clarifying crime and non-crime,this crime and other crimes Re-examine the legal benefits that should be protected against the crimes of destroying computer information systems,the crime of illegally controlling computer information systems,and the crime of illegally obtaining computer system data under the current background.The third chapter introduces the specific mechanism by which criminals obtain illegal income through the hijacking of DNS traffic,reviews the existing relevant theories in China,and points out their shortcomings.According to the classification standards advocated by the author in Chapter 2,Typical hijacking methods are re-deconstructed to find a more reasonable regulatory path.Finally,it is emphasized that it is still possible to use acquired property crime regulations for DNS traffic hijacking. |
