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People's Court Daily: The act of stealing virtual currency constitutes the crime of theft and the crime of illegally obtaining data from computer systems

ChainCatcher news, the Civil Court Daily published an article titled "Criminal Qualification of Illegal Theft of Virtual Currency," which points out that the act of stealing virtual currency constitutes theft. As an economic property, it must have value, including utility, scarcity, and disposability. Scarcity is reflected in the constant total supply of virtual currency, which is not infinitely available. Disposability is demonstrated by the use of asymmetric encryption technology for virtual currency, which exists in wallets (i.e., addresses), and once the address and private key are obtained, one can control the virtual currency. Utility is reflected in the fact that virtual currency, as a specific data encoding, must be generated through "mining," which condenses social abstract labor.The article also points out that the act of stealing virtual currency constitutes the crime of illegally obtaining data from computer systems, as virtual currency has data characteristics. The illegal theft of virtual currency constitutes the crime of illegally obtaining data from computer systems. Regarding the determination of the amount of stolen virtual currency, it is more reasonable to set the amount of virtual currency involved in the case at the time the defendant committed the crime rather than when the victim purchased the virtual currency.

The letter obtained by Coinbase shows that the FDIC had secretly halted the cryptocurrency business of American banks

ChainCatcher news, according to CoinDesk, based on communication records obtained by a research firm commissioned by Coinbase, it was revealed that in 2022, the Federal Deposit Insurance Corporation (FDIC) suspended or blocked cryptocurrency banking operations in many U.S. banks.The research institution hired by Coinbase, History Associates Inc., filed a lawsuit against the FDIC and the Securities and Exchange Commission (SEC) in June of this year, ultimately gaining access to some internal communication records of the FDIC. A large number of heavily redacted documents released on Friday show that this banking regulatory agency had halted digital asset-related products and services offered or planned by several banks.According to one of the 23 letters shared by the cryptocurrency exchange, the regulator wrote: "We urge you to suspend all activities related to crypto assets. The FDIC will notify all banks under its supervision when it makes a decision regarding the regulatory expectations for engaging in activities related to crypto assets."Coinbase Chief Legal Officer Paul Grewal believes that these letters are conclusive evidence that crypto companies have been systematically cut off from banking services by regulators. Paul Grewal stated, "The FDIC has developed a coordinated plan and executed it without hesitation, depriving a legitimate U.S. industry of banking services. This should give everyone pause."

An engineer took advantage of his position to profit from virtual currency, constituting the crime of illegally obtaining data from a computer information system, and was sentenced to 3 and a half years in prison

ChainCatcher news, according to Workers' Daily reports, the People's Court of Changping District, Beijing recently released a case where an employee used their position to obtain virtual currency for profit, constituting the crime of illegally obtaining data from a computer information system. Zhang, a blockchain engineer at a certain internet company, learned that there was a large amount of Ethereum in the account while participating in project development, and planned to attack the company's account to obtain it.Taking advantage of his work, he asked colleagues for program codes and private keys beyond his authority and shared them in a "technical exchange group," inviting group members to crack and attack the company's account, successfully obtaining 106.15 Ethereum and illegally profiting 38,329.76 yuan.The court found that Zhang violated regulations by illegally obtaining Ethereum information from the company's computer system and trading for profit, constituting the crime of illegally obtaining data from a computer information system. Although there were management loopholes in the company, this was not a valid excuse for Zhang's crime. Ultimately, Zhang was sentenced to 3 years and 6 months in prison, fined 60,000 yuan, and ordered to return the illegal gains of 38,329.76 yuan. The second-instance ruling rejected the appeal and upheld the original judgment.
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