Rogue software defined as stubborn illness (1)

Introduction: The cloud of rogue software hangs over the Internet. If the law can give a clear definition of rogue software, the vast number of users can take up the law of the weapons to safeguard their legitimate rights and interests; Antivirus makers can no longer find reasons to sit back; Rogue software makers can no longer act blatantly. However, the current situation is not very optimistic, there is even a pessimistic view that even if the parties work together, at least six months to come up with a definition agreed by all parties. Forced installation, bundled installation, hijacking browser, occasional pop-up ads, rogue software has become a Chinese internet disease. As netizens struggled to unload their anger, the rogue software makers continued to get huge profits. According to unofficial statistics, rogue software manufacturers to control user computers through rogue software, forced pop-up advertising window, which created a gray chain of industry-related market size has reached 1 billion yuan. But when the rogue software makers enter the fight gold, the rights and interests of netizens are violated but there is no redress for them. "Rogue software" is so rampant an important reason is the lack of "rogue software" standards and basis, "rogue software" has been wandering in the vague areas of law. Therefore, it is essential to give a clear definition of the law. However, the formulation of this definition is rather difficult. In a recent seminar on "Rogue Software definition standards" launched by the civil anti-rogue Software Alliance, MII, the Ministry of Public Security, NPC representatives, internet experts, legal experts, and Internet business representatives expressed their views on the solution of rogue software from their respective perspectives, but the results were not optimistic. National anti-computer intrusion and anti-virus chief engineer Jinbo clearly pointed out that the definition of computer virus can not be applied to "rogue software", "computer virus refers to the establishment or in the program of computers in the destruction of computer function or destroy the data, a copy of the instructions and code, and ' rogue software ' has no self replication." "Launched the Killing Rogue software tool" 360 security guards, "the Tiger chairman Zhou to the rogue software definition is: Can not unload or difficult to uninstall, without proper function, the main responsibility is pop-up ads. Lu Zhiyong, a law doctor, believes that the software that has not consented to forcibly intervene in a user's system or forcibly let others use it to gain economic benefits is rogue software. ...... These statements are fragmented and difficult to reach a consensus. Qihoo CEO Xiangdong Even pessimistic that even if all parties work together, at least six months to come up with a recognized definition. The existing law is a legal definition of "rogue software" for effective weapons, in order to better rely on the law. Anti-Rogue Software Alliance legal advisor Lu Zhiyong for the law is not perfect explanation is: the law is always imperfect, are in the gradual improvement. In the absence of a definition, Lu Zhiyong believes that users should use existing laws to safeguard the interests of consumers. Since September, the civil society, the anti-rogue Software Alliance, is using existing laws to start a lawsuit. It sued Yahoo in Beijing and sued the Yi in Chongqing, and sued the "great little secretary" in Shanghai. And the company was sued by the anti-Rogue Software Alliance in 8 cities to bring this action to a climax. But all the lawsuits are just a token claim of 94 yuan, this is because "although in accordance with the Consumer Protection Act, the general principles of civil law, the Computer Information System security protection regulations and the Telecommunications Regulations, and other relevant laws and regulations, the manufacture and dissemination of rogue software has seriously violated the legitimate rights and interests of computer users, But for how to calculate the user's loss, the legal provisions are still blank. Huang Jinshen, a lawyer who provides legal aid for the anti-rogue Software alliance. There are many gaps in the law that need to be filled, but there are many laws to follow. National anti-computer intrusion and anti-virus chief engineer Jinbo proposed "rogue software" may involve the violation of some laws and regulations, according to the National People's Congress Standing Committee on the maintenance of Internet security provisions and the Penal Code No. 286, violating state regulations, the function of computer information system to delete, modify, increase, Interference, resulting in computer information system can not be normal operation, the consequences of serious, five years imprisonment or criminal detention, the consequences of particularly serious, more than five years in prison. Therefore, some rogue software vendors have been suspected of committing crimes and can be held criminally liable. Using existing legal support, Qihoo CEO Xiangdong said: "We want more netizens to stand up for ' rogue software '." Put ' rogue software ' one to the court, the lawsuit has at least two meanings, the first one is to "rogue software" caused a heavy blow, the second is to let all users aware of ' rogue software ' exists, check your machine. "Judging from the prosecution of the anti-rogue Software Alliance, it has gained a lot, although it is not known whether it is successful or not." The search issued a statement said to correct the error, Yahoo to find notaries, face-to-face demonstrations can be unloaded to clear the name of rogue software. Official agencies also declared their first statement on October 18, at a seminar on anti-Rogue software organized by the Ministry of Information Industry and the Internet Association, the Internet Association will prepare the "anti-Malware coordination Task Force" to define, categorize, standard and classify "malware", and plan to introduce an industry self-regulation convention. It is understood that the "anti-malware Coordination Team" will open a reporting hotline, according to the public report, against the corresponding standards, the "malware" characteristics of the software to deal with. The Working Group will also open tenders nationwide, organize and develop tools and software to deal with "malware", and provide users with uninstall tools. Internet expert, current Yahoo China general manager Xie said, is very happy to see government departments, practitioners, the vast number of netizens and users in the treatment of rogue software has initially formed a consensus. He said: "I have raised this issue before, but not taken seriously, and now their prosecution has aroused widespread concern in the community." 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