What kind of law is a computer hacker committed?

Hacker is the transliteration of the English word "hacker", derived from the English verb hack, which originally meant "hack", and was later used to refer to those programmers who love to explore the deep technology of computers.

The first hackers appeared on the campus of the Massachusetts Institute of Technology, they were computer enthusiasts, and they liked to explore the mysteries of computers in depth, rather than just learning what others assigned to know about computers, as ordinary people do. They were ingenious, skilled, and willing to study, and in their spare time, they often used the computer to play their own games, joke or play pranks, and the word "hacker" at that time was a word with a positive connotation. "Hackers" have played an indelible role in the development of the Internet, but later with the popularization of computers, the hacker team has become more and more complex, and some people have begun to use hacking technology to spy on other people's privacy, vent their personal anger, destroy network resources, seek personal gain, and even carry out computer crimes, bank theft, credit card theft and other cases occur from time to time, gradually, the image of hackers in people's minds has become complicated......

This border is not very clear, if you are in a patriotic purpose, put the foreign ** end, hang the Chinese flag, then well, congratulations, even if it is found out, it is not illegal, on the contrary, you will get a good job offer. If you are in China and make money through hacking, then you are guilty of cyber fraud and other crimes. If you're just trying to show off your hacking skills and cause actual damage to the victim, then it's not a fraud and you're committing a criminal offense.

It's hard to say what the specific charges are.

Hacking is not a crime, depending on whether the hacker's act is a criminal act, and if a malicious attack on a computer system is carried out and the computer system is damaged, it may constitute the crime of destroying a computer information system.

Legal analysisHackers generally refer to people and computer scientists who are good at IT technology, and hackers are proficient in various programming languages and various operating systems, and grow with the development of computers and networks. The term hacker originally referred to computer experts who are enthusiastic about computer technology and have a high level, especially programmers, and then gradually divided into white hats, gray hats, black hats, etc., among which black hats are hackers. In ** reports, the term hacker often refers to software hacking, and the opposite of hacker is white hat.

The crime of destroying computer information systems can be divided into two types: the first is the criminal act of using other people's computer resources as the target, also known as intrusive computer crimes. The second type is the use of computer resources as a tool for criminal acts, also known as computer crimes of the crime site type.

The subject of the crime of destroying computer information systems is a general subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility can constitute this crime. Those who can actually commit the crime are usually those professionals who are proficient in computer technology and knowledge, such as computer programmers, computer operators, management and maintenance personnel, and so on. The object of the crime of sabotage of computer information systems is the security of computer information systems.

The objects are the functions of various computer information systems and the data and applications stored, processed or transmitted in computer information systems.

Legal basisCriminal Law of the People's Republic of China Article 286: Where state provisions are violated by deleting, modifying, adding, or interfering with the functions of computer information systems, causing the computer information systems to fail to operate normally, and the consequences are serious, a sentence of up to five years imprisonment or short-term detention is to be given; where the consequences are especially serious, the sentence is to be five or more years imprisonment. Where state provisions are violated by deleting, modifying, or adding to data or applications stored, processed, or transmitted in computer information systems, and the consequences are serious, punishment is to be given in accordance with the provisions of the preceding paragraph. Where computer viruses or other destructive programs are intentionally created or disseminated, impacting the normal operation of computer systems, and the consequences are serious, punishment is to be given in accordance with the provisions of the first paragraph.

Where a unit commits the crimes in the preceding three paragraphs, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the first paragraph. Article 286-1: In any of the following circumstances, where network service providers do not perform information network security management obligations provided for by laws or administrative regulations, and refuse to make corrections after being ordered to take corrective measures by the regulatory departments, they are to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine: (1) causing a large amount of illegal information to be disseminated; (2) Causing user information to be leaked, causing serious consequences; (3) Causing the destruction of evidence in a criminal case, where the circumstances are serious; (4) There are other serious circumstances.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.