Disguised as a power strip and hidden in a ballpoint pen...... It's rampant!

Some resemble lighters, some are disguised as power strips, and some are hidden in everyday items such as ballpoint pens and power banks...... With the development of network applications and the delivery industry, the threshold for the production, sales and use of eavesdropping equipment has been continuously lowered, making it easier to obtain and difficult to supervise.

In recent years, the public security departments in many places in China have cracked cases of production and sale of eavesdropping and eavesdropping equipment. However, a reporter from the "Lookout" Newsweek recently found that some online platforms are still openly selling highly concealed eavesdropping equipment, and some businesses are labeling "good concealment", "non-inductive recording" and "high definition", and even take the initiative to display the recording effect of audio and video on the page to induce purposeful buyers to consult and buy.

To cut off the online sales channels of privacy "assassins" such as eavesdropping and eavesdropping devices, it is still necessary to strengthen punishment, urge platforms to fulfill their responsibilities, and establish a cross-departmental response mechanism, so as to maintain good social order and continuously enhance the people's sense of security.

Reporter | Yan Zhihong

This article is reprinted from the 30th issue of "Lookout" in 2024, and the original title is "Cutting off the online channel of privacy "assassins".

1

Eavesdropping equipment is sold online on multiple platforms

"Have you ever seen a video recorder the size of a lighter? The lens can be rotated 180 degrees, you can carry it with you or hide in the corner, there is a night vision function in a dark environment, you can view it in real time when you connect to your mobile phone, the video duration is up to dozens of hours...... "In a "grass" social platform, enter the specified keyword to search, it will pop up the relevant introduction page of this secret shooting device, and you can also place an order directly in the lower left corner.

Utterly destroyed. Xu Jun Photo/This Magazine

Using such keywords to search on other e-commerce platforms, there are also similar products for sale. After measuring the physical object, the reporter found that the secret shooting equipment priced at more than 200 yuan is about 10 centimeters long, and the whole body is black, which can be directly clipped into the pocket of the jacket when the user wears a dark shirt, and it is no different from a signature pen when observed from the outside. After adjusting the camera angle, you can take HD photos and record HD videos without sound or other prompts during the whole process.

In addition, there are also a variety of photostealing devices disguised as daily necessities such as "glasses video recorder" and "watch video recorder" for sale on the "planting grass" platform. According to industry insiders, the use of such advertising slogans can not only prevent the platform's keyword monitoring, but also attract the attention of potential buyers.

Some e-commerce platforms are also selling eavesdropping devices. On an e-commerce platform, some stores are selling a device called a "sound amplifier". According to the presentation, the device is used to "listen to the sound of pipes in the wall" to determine the "leakage point". In fact, the seller used words such as "you can hear sounds you can't think of with this device" and "you can hear clear conversations through the wall" when selling, implying that the device can be used to eavesdrop on conversations in the next room. Under this product, there are customers who make comments such as "I can hear it very clearly and it is very exciting".

The reporter noticed that some merchants claimed that such eavesdropping and eavesdropping equipment were "forensic equipment". But professionals told reporters that the evidence obtained using such devices was not legitimate. "Under normal circumstances, evidence obtained using eavesdropping devices will be excluded by the court as 'illegal evidence'." Zhang Yiteng, a lawyer at Beijing Kangda (Xiamen) Law Firm, said that "investigation and evidence collection" is not an excuse for using eavesdropping equipment, let alone an excuse for some businesses to sell such equipment.

2

There are serious legal risks in the sale and use

Relevant laws and regulations have clearly defined standards for eavesdropping and eavesdropping equipment, and the sale of camouflaged audio and video recording equipment is suspected of violating the law and committing crimes.

The Criminal Law of the Mainland clearly stipulates the crimes of illegally producing and selling special espionage equipment, eavesdropping and photographing special equipment. The "Provisions on Prohibiting the Illegal Production and Sale of Special Equipment for Eavesdropping and Eavesdropping and "Fake Base Station" Equipment issued by the Ministry of Public Security and other three departments clearly states that any audio and video recording equipment used in camouflage or in a concealed manner may be identified as special equipment for eavesdropping and eavesdropping.

Wang Xinrui, a partner at Shihui Law Firm, said that in judicial practice, audio and video recording equipment that "looks" like lighters, ballpoint pens, or audio and video recording equipment hidden in glasses and power banks will be recognized as special equipment for eavesdropping and eavesdropping photos, and the sale of such equipment has greater legal risks.

It is also a crime to illegally use a bugging device. Relevant legal sources told reporters that even if they use eavesdropping devices for close relatives, they may touch the bottom line of the law without legal authorization.

"Some people use eavesdropping devices to monitor their spouses on the pretext of investigating whether they are faithful in the marital relationship, and even post relevant content on WeChat groups or social platforms, which constitutes an illegal." Lawyer Zhang Yiteng said that the Civil Code, the Public Security Administration Punishment Law, and the Criminal Law all have provisions for such behavior, and the use of eavesdropping devices to conduct surveillance activities not only violates the privacy rights of others, but also violates their right to reputation if the recorded content is arbitrarily posted on the Internet.

According to industry insiders, some buyers will use the purchased equipment for secretly filming and pirating film and television works, privately recording business negotiation content and other fields, which not only has the risk of copyright infringement, but also may leak trade secrets, and even threaten public information security and national security.

"Some young people are 'ignorant and fearless', and rashly use such equipment to commit illegal acts without understanding the relevant legal risks, and they are also easy to be held legally responsible after the case." Lawyer Zhang Yiteng reminded consumers to put away their "curiosity" and refuse to buy such equipment.

3

Work together to cut off online sales channels

The reporter's investigation found that some businesses also posted video tutorials on the platform on "how to make self-made eavesdropping equipment".

On a "grass planting" social platform, a blogger shared a detailed production method of a camera disguised as a charger. Under the video, some netizens commented expressing their willingness to buy and asking for the price. Zuo Xiaodong, a professor at the School of Cyberspace Security at the University of Science and Technology of China, believes that it is illegal to sell eavesdropping and eavesdropping equipment, and that teaching and disseminating the production methods of illegal equipment has a bad demonstration effect.

Zuo Xiaodong suggested that while investigating and dealing with cases related to the online sale of eavesdropping and eavesdropping equipment, the relevant departments should urge the relevant platforms to fulfill their main responsibilities, undertake review obligations, and remove the "prohibited goods" that have been clearly stipulated in laws and regulations. As a platform, it should use technologies such as big data and artificial intelligence to strengthen content review and inspection, so as not to allow illegal businesses to take advantage of it.

In addition, relevant departments should also improve cross-departmental intelligence sharing capabilities and build an integrated ecological network to combat the production and sales of eavesdropping equipment. "Some new eavesdropping and eavesdropping devices may not be the first to be discovered by the public security department, and law enforcement and industry management departments should strengthen intelligence sharing to ensure that everything is perfect." Cybersecurity expert KPA advises.

Source: Lookout Think Tank