Block the "third eye" of the hotel

2023-02-17

In the network era, how should personal privacy be placed? Today, I want to tell you the story of a "third eye" related to personal privacy. It starts with a young couple who stayed in the hotel in 2018. On a night in April 2018, Xiao Yuan and his girlfriend stayed in Room 324 of a hotel in Chengdu. After Xiao Yuan's girlfriend lay down, she suddenly found a small black hole on the ceiling opposite the bed. Little Yuan got up to check. Unexpectedly, he found the camera behind the ceiling, and immediately called the police. According to the investigation of the public security organ, at the end of March 2018, a guest in his 20s, wearing dark clothes and carrying a very large suitcase came to the hotel. When checking in, he specifically requested to check in the rooms 323 and 324. After mastering this important clue, the public security organs announced that they would arrest the suspect Qian in early May 2018. It is verified that Qian was once detained by the administration for stealing other people's privacy, but he still did not repent, and he had the idea of making profits by stealing other people's videos. He bought a micro-camera online and installed it in the hidden corner of the hotel rooms in many places in Sichuan. By publishing advertisements on the website, Qian provided 182 times for others to watch passengers' privacy in real time or secretly take video online download links, making a total profit of 15000 yuan. So far, the basic facts of the case have become clear, but there have been subsequent waves. "I admit that I did earn some money by selling video viewing links, but the video in my online disk was passed to me by others, and I didn't sell it to others. Qian's defense lawyer also put forward a defense opinion: "The video of the stealthy passengers clearly belongs to personal privacy and cannot be identified as obscene items. Even so, the number of videos should be determined by the number of the stealthy passengers, not by the number of segments or clips, otherwise, it is very unfair to my client in terms of sentencing." Doubts and difficulties are intertwined, and seemingly simple cases have become "hard bones" to chew. However, everything depends on evidence. In order to find out whether there are videos secretly captured by Qian Mou on the network disk, how many, and whether they have been spread or sold, we decided to launch a supplementary investigation. Through the on-site inspection of the room layout of the hotel where the crime occurred, compared with the scenes in the 114 videos captured, it was clearly the same. It was confirmed that it was Qian who had secretly shot the video, and Qian had released the sales information with the hotel's secretly shot video as the selling point. Therefore, it can be determined that the secretly shot video found in his network disk was also used for selling. In the face of strong evidence, Qian finally confessed to all his actions. In addition, is the video involved in the case obscene? How to calculate the number of videos? With these questions in mind, we visited experts for advice. Experts pointed out that the passenger video, which belongs to personal privacy, after being edited, sold and disseminated by Qian, has already possessed the property of obscene articles that openly promote pornography. In addition, each video can be played independently, so the number of videos should be determined by the number of edited and produced by Qian, which can reflect the real social harmfulness of his behavior. The problem of the case was solved. In January 2019, our court filed this case

Edit:Ying Ying    Responsible editor:Zhou Shu

Source:jcrb.com

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