"The coin hibe Supreme Court explains the meaning of innocence in an easy -to -understand manner

[What is a coin hibe?]

Coin hybes are the names of services that the website administrator benefit from encrypted assets.It has been provided for two years since 2017.

If you use coin hybes, you will incorporate a special program on your site.The site is viewed by an unspecified number of people, but this program is copied to the computer of the browsing.Then, it moves on the computer and performs mining to acquire encrypted assets.The acquired encryption assets are for the person who set up the site.The more people who visit the site, the more computers that do the mining will increase, and the more encrypted assets, become the managers of the site.

[Moral of coin hibe]

Some people say that this coin hibe will be a new method to earn site operating costs.The operating cost of the site is generally covered by banner advertisements, but if there are many advertisements, the page will be cluttered.The coin hibe does not display anything on the screen, so it does not break the design, making it easier to see.However, there are opinions that it is the same as computer viruses.

The program you use will not steal information from your computer, and if you close the site browsing software, the program will disappear.However, it is executed without permission on the computer of the person who browsed the site.In contrast, IT experts have said that they are technically the same as online advertising.In particular, advertisements using videos move on the computer of the person who browsed, and the advertisement fee is paid to the page installer.For this reason, it is a moral violation to move the coin hibe without permission to the browsing, but it does not hit a crime.

[In the criminal trial]

In this division of opinions and the social reputation was not determined, the investigative agencies considered coin hibes as illegal computer viruses, and began the use of those who used them.

In the case of a trial this time, five years ago, a web designer man who incorporated coin hibes into his site was charged.He tried to see if the coin hyb could lead to the acquisition of the site of the site, but this act was in the defendant in the criminal trial.What was applied was the crime on the "Dautsu Directive Electromagnetic Record", which was set up in 2011 as a countermeasure against cyber crimes, so -called "computer viruses."Creating, providing, or storing a virus for no legitimate reason is subject to punishment.In this case, incorporating coin hibes into the site was a crime to keep the virus.However, there is a concern that what is the virus, the text of the article has room for interpretation, and it may be the subject of a custody that should not be punished, depending on the legislative stage, and what should not be punished.The voice was rising.The debate was guilty, and this debate was brought to a criminal trial.

[Is the issue of trial]

Whether it is an illegal virus is determined by whether to meet the two requirements described in the article."Is it contrary to the intentions of the user?" "Is it unauthorized that is not socially acceptable?"

In the first place, the Yokohama District Court in the first instance and the Tokyo High Court in the second instance were contradicted to the intentions of the user.There is no coin hibe on the site, and the users who have browsed do not know that their computer is used.However, the second, the unauthorized socially unacceptable, was determined.The first instance was acquitted, saying that it was not socially acceptable.In response, the second instance sentenced a fine of 100,000 yen, assuming that it was not socially acceptable.

[Judgment of the Supreme Court]

How did the Supreme Court judge?The conclusion was acquitted as in the first instance.

I acknowledged that it was contrary to the intention, but it was judged that it was not an illegal virus for socially acceptable.The first thing the Supreme Court focused on was the effect on others' computers.If you browse a site with coin hibe incorporated, your computer will slow down the processing speed or increase the power consumption slightly, but the Supreme Court "was not enough to notice the change."I pointed out.And the most important thing was the usage of coin hibes.Now, the flow of information through the website is indispensable for society.The Supreme Court has determined that the mechanism for the site operator to benefit is important for society, and pointed out that coin hibes were just used for that.He acknowledged that it was socially acceptable because there was no difference in the effects of computers compared to online advertisements that are widely used as the same mechanism.

What does this ruling mean?The Supreme Court acknowledged that it was contrary to the intention of the user.There was a problem with the critical opinion on the coin hibe, which was exactly the case that a computer is used without permission.However, the Supreme Court stated that it should be carefully considered, emphasizing another requirement of "whether or not it will be accepted by society."If the coin hibe was something that everyone thought was an illegal virus, the conclusion would have been different.The ruling has been warned for the fact that investigations are ahead of social discussions.

[Software is both malnuality and effective use]

How do you think about the relationship between new technology and investigation?The point is that depending on how you use it, you can abuse and use it effectively depending on how you use it.

For example, a technology that remotely control computers, or software that encrypts communication content.These can be misused for unauthorized access to computers such as companies to steal information and criminal groups hide their identity.However, remote control software can be used for remote work, and encryption software is indispensable for protecting privacy.Just because it is possible to abuse it, it is impossible to generate technologies according to the needs of the times if you easily recognize the development and use of the software as a crime.If you don't have a crime suddenly, you can put security software and keep it from working on your computer, like this coin hibe.Regarding the technology that has been discussed whether it is illegal, I think that it should first indicate technical prevention methods, and then crack down after the laws of laws that are convinced of society and revision of the law.

For modern society, cyber crimes are a serious threat.Obviously fraudulent virus should be caught, but it is important to determine how far it will expand, and this Supreme Court's ruling is an important guide.I would like the investigative agency to be aware of the impact on new technologies before investigating.

(Seiji Miwa commentary / Akira Yamagata commentary)