Proceedings of the 2022 5th International Conference on Humanities Education and Social Sciences (ICHESS 2022)

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On the Criminal Regulation of DNS Hijacking

Authors
Jin Liu1, *, Ran Wu2, Aolin Zhang3, Jingwen Zhang4
1Law school, Tongji University, Shanghai, 200000, China
2Dalian Maritime University, Dalian, 116000, China
3Law school, Nanjing University of Science and Technology, Nanjing, 210094, China
4nternational Law school, East China University of Political Science and Law, Shanghai, 200000, China
*Corresponding author. Email: 2141630@tongji.edu.cn
Corresponding Author
Jin Liu
Available Online 30 December 2022.
DOI
10.2991/978-2-494069-89-3_366How to use a DOI?
Keywords
DNS hijacking; Illegal control; Website Traffic; Computer information systems crime
Abstract

In judicial practice, the conviction of DNS hijacking has been highly controversial. The relevant crimes of this act mainly include the crime of illegally controlling computer information systems, the crime of destroying computer information systems, the crime of theft, etc. However, the distinction between "illegal control" and "destruction" is not clearly defined in the Chinese Criminal or in related judicial interpretations. There are still no uniform rules on whether "Traffic" can be considered as a form of property. These all are important issues that affect the conviction of DNS hijacking. Therefore, it is necessary to set a unified criminal control standard for the identification of this act. By distinguishing between different subjective purposes of DNS hijacking and different functions of the means of hijacking, it is easy to identify "illegal control" and "destruction". Meanwhile, by reasonably considering "Website Traffic" as a "property", the act of DNS hijacking could also be regulated by the crime of theft. Therefore, DNS hijacking constitutes both the crime of theft and a corresponding computer-based crime. According to the Chinese Criminal, this is an imaginary competition, and it should be punished as a felony.

Copyright
© 2022 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 2022 5th International Conference on Humanities Education and Social Sciences (ICHESS 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
30 December 2022
ISBN
10.2991/978-2-494069-89-3_366
ISSN
2352-5398
DOI
10.2991/978-2-494069-89-3_366How to use a DOI?
Copyright
© 2022 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Jin Liu
AU  - Ran Wu
AU  - Aolin Zhang
AU  - Jingwen Zhang
PY  - 2022
DA  - 2022/12/30
TI  - On the Criminal Regulation of DNS Hijacking
BT  - Proceedings of the 2022 5th International Conference on Humanities Education and Social Sciences (ICHESS 2022)
PB  - Atlantis Press
SP  - 3180
EP  - 3194
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-89-3_366
DO  - 10.2991/978-2-494069-89-3_366
ID  - Liu2022
ER  -