Guests in this issue:
Guangxi Wangzhibian Law Firm Ji Siyang Lawyer
Contents of this issue: National Defense Education
Click the audio above to listen to this issue
(from left to right: Host Yuping, guest Ji Siyang )
(The names and location names in the story are all fictional)
When it comes to "spy", "stealing state secrets", and "intelligence work", what do you think of? What comes to mind is the plot of intrigue in spy TV series, or the brief message about foreign espionage activities in the TV news? No matter what kind of scene it is, things like "spy" and "spying for state secrets" seem to be very far away from us, as if the daily routines around us have nothing to do with state secrets, as if the people passing by are just as ordinary "farmers" and "workers" as we are. However, dangerous activities sometimes lurk around us in an inconspicuous way, and the people who perform such activities are not necessarily trained professional spies, agents, , but may be ordinary people passing by us in a hurry.
The first story shared today is related to "wedding photography". When it comes to wedding photography, what do you think of? Romance, sweetness and happiness, everything is very easygoing and beautiful. But who would have thought that the romantic "wedding photography" would have a dangerous connection with "stealing state secrets".
[Story 1]
A wedding photographer Huang has been engaged in wedding photography for some years, and has recorded their sweet moments for many newcomers. Because of the work of taking wedding dresses, Huang often has the opportunity to go on a business trip to various wedding dress shooting sites to take wedding photos that meet their requirements for the newlyweds. In July 2019, Huang accidentally met an overseas employee "Sister Qi" through WeChat chat. After chatting with each other, "Sister Qi" introduced Huang a so-called "good job", which was to let Huang take advantage of his work to take wedding photos to take photos of warships near a military port. "Sister Qi" would pay Huang the corresponding reward. Huang felt that this was a high-yield deal, so he agreed immediately. So between July 2019 and May 2020, Huang took advantage of the convenience of wedding photography on a beach near a military port to use professional photography equipment, mobile phones, etc. to shoot warships parked around the military port military port from a distance. Because the shooting period is long and the shooting content is also required, in order to avoid exposing himself, Huang also used deception and money seduction to entrust others to take a panoramic view of the bay near the military port for himself. So in this way, Huang took more than 90 photos of the harbor and warship at a frequency of 2 to 3 times a week, including 384 photos of military ports and warships. After the shooting was completed, Huang sent the photos he took to overseas personnel "Sister Qi" through the Internet through shared network disks, group sharing, etc., and received a reward of more than 40,000 yuan from "Sister Qi".
However, Huang's series of activities have been mastered by the state security organs. After the incident, the relevant departments identified the photos provided by Huang and identified that among the photos provided by Huang, three top-secret secrets and two confidential secrets. In the end, Huang was sentenced to fourteen years in prison for illegally providing state secrets for overseas spy and , deprived of political rights for five years, and confiscated his personal property of RMB 40,000.
Speaking of this, you may suddenly realize that simply taking photos may also constitute a serious crime that endangers national security, and may even face more than ten years of prison. In fact, in addition to some traditional methods of taking photos, with the continuous advancement of today's science and technology, more and more non-traditional methods of spying on state secrets are constantly upgrading, and the threat to the field of non-traditional security in the country is also increasing. Compared with tangible photography, photos and videos, intangible data and information have also become an important channel for overseas forces to spy on state secrets or intelligence.Another story to be introduced below fully reflects the threats we face in the non-traditional security field in the era of information data.
[Story 2]
Mr. Li is an aviation photography enthusiast. He often collects professional technical knowledge on the post bars, forums and other platforms where aerial photography enthusiasts gather, and shares his photography achievements. However, since 2020, many overseas institutions have opened websites in my country and pushed advertisements on multiple platforms such as Weibo, post bars, forums, QQ groups, video websites, etc., using the group of domestic aviation and radio enthusiasts in my country to provide free equipment, share aviation information data, etc. as bait, recruit volunteers from the society to assist them in collecting aviation data such as various aircraft in my country, and illegally transmit them to overseas. One day, Mr. Li collected aerial photography information on the platform he usually browsed. When he saw the advertisement of "providing equipment for free, sharing aviation information data, etc.", out of curiosity, he clicked to learn about it. Faced with such tempting conditions, Mr. Li, who was fascinated by aerial photography, logged on to the other party’s website and quickly received a reply email. The email content stated that Mr. Li's application has successfully passed the evaluation and approval, and the relevant equipment will be delivered to him through international express delivery .
According to the relevant police officers after the incident, this set of equipment is called an ads_b signal receiving device, which can track all aircraft equipped with the system. When using it, just put the antenna next to the window to automatically obtain the data information of the aircraft within a certain range. When the equipment is connected to the network, the information data of these aircraft can also be transmitted to the overseas in real time. According to the demonstrations of relevant police officers, this set of equipment can collect real-time information such as aircraft model, flight altitude, speed, latitude and longitude. Such a device can send about 1,000 flight data to overseas every day and about 130,000 location data. The coverage radius of the equipment can reach 300 to 400 kilometers. Only about 300 units are required to realize signal monitoring of my country's entire airspace aircraft. More importantly, in addition to monitoring civil aviation information, this equipment can also monitor the models and trajectories of some military aircraft in my country. We all know that military aircraft generally need to perform special tasks. Once their whereabouts are exposed, it will directly lead to the failure of military missions, and the consequences will be unimaginable. At present, the national security organs have carried out special investigations and dealt with such equipment, and have seized hundreds of sets of related illegal equipment.
can be seen that although Mr. Li is only engaged in a job he likes, due to his lack of understanding of the importance of data security, it is likely that some consequences that seriously threaten the country and the public interests will arise. In the era of the big explosion of information and data, data plays an important role in the form that we cannot see or touch. Statistics of road car traffic, calculations of people flow in different locations and different times, etc., these data truly reflect the activity status of various places and time periods. Once clearly grasped by overseas forces, the data will become an important reference material for harming our country's national security and become a new means and new weapon for overseas forces to endanger our country's national security and public interests. Therefore, as Chinese citizens, we should have a clear understanding of some data security issues when engaging in our interests and hobbies, so as to avoid posing serious hidden dangers to the country and society.
After listening to the above two stories, have you discovered that the crime of "endangering national security" is not far away from us, and even some activities that we have inadvertent or disapproving may violate crimes that endangering national security.In this case, it is very necessary for us to understand,
What is the "state secret"? What is the crime of "illegal provision of state secrets for overseas spy and illegally providing overseas secrets"?
According to Article 111 of the Criminal Law of my country: "If a person steals, spyses, bribes, or illegally provides state secrets or intelligence to overseas institutions, organizations, and personnel, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not more than ten years or life imprisonment of not more than five years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than five years, detention, control or deprivation of political rights." This article is what we call "the crime of stealing, spying, bribing, and illegally providing state secrets and intelligence for overseas." First of all, this crime is an elective sexual crime. The final crime is determined based on the nature of the behavior he committed at the time of the crime. For example, in a wedding photography case, Huang only took and transmitted related photos of the warship port, so the court convicted him of spying abroad and illegally providing state secrets.
Then, one of the core elements of the crime is that the information stolen, spyed, bought, and illegally provided by the perpetrator must be "state secrets" or "intelligence". I believe that everyone has already experienced it through the two stories just now. "State Secrets" or "Information" are not necessarily stored in a hidden and confidential place like a stack of sealed files, nor will it necessarily stamp the "confidential" seal on these information, or there are other obvious warning and warning signs.
So, how do we identify what information and matters are state secrets?
Articles 2 and 9 of the Law of the People's Republic of China on Conservation of State Secrets tell us that the following matters are state secrets: (1) Secret matters in major decisions in state affairs; (2) Secret matters in national defense construction and armed forces activities; (3) Secret matters in diplomatic and foreign affairs activities and secret matters in which responsibilities for confidentiality are assumed to the outside world; (4) Secret matters in national economic and social development; (5) Secret matters in Science and Technology ; (6) Secret matters in maintaining national security activities and tracing criminal crimes; (7) Other secret matters determined by the state confidentiality administrative department. In addition, if the secret matters of a political party comply with the provisions of the preceding paragraph are state secrets. The secrets of state secrets are divided into three levels: top secret, confidential and secret. The degree of damage to national security and interests after the leakage of different levels of state secrets is different.
And what is "intelligence"?
According to the provisions of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws for Cases of the Theft, Spying, Buying, Illegal Provision of State Secrets and Illegal Information from Abroad", "Information" refers to matters that are related to national security and interests, have not been disclosed, or should not be disclosed in accordance with relevant regulations. It can be seen that in real life, the information content involved in "intelligence" may be wider than the scope of "state secrets". Therefore, in terms of laws and relevant regulations, "intelligence" cannot be defined in detail through enumeration.
So, do we ordinary people have no chance to get in touch with "intelligence" or "state secrets"? Actually, it is not the case. Among the published news reports, it is not difficult to find that college students in colleges and universities are easily exploited by overseas institutions to carry out specific behaviors of "spiking intelligence". In order to increase income from part-time jobs during school, some college students were tempted by foreign institutions to order and collect journal materials on the procurement of equipment for the PLA troops; some college students also took advantage of their student identity or internship opportunities to collect internal scientific and technological research materials related to their majors, and transmitted them to the outside and obtained high rewards. In such cases, overseas institutions docking personnel often approach college students as "professional researchers", "military magazine editors", "technology magazine editors", etc., and take advantage of the characteristics of college students' in-depth knowledge of the world, insufficient national security awareness, and lack of understanding of the objective struggle situation to spy on and use college students to collect intelligence step by step.
Therefore, "intelligence" is not far from our study and life. As college students in online chats with some unknown people, they should improve their national defense and security awareness, try to avoid talking about detailed content in military, scientific research, medical care, etc., and they cannot accept the entrustment and employment of suspicious personnel and collect relevant information and information for them.
After everyone understands what "state secrets" and "information" are, let's go back to the two stories we share today: The military ports, warships and military aircraft information touched by the actions of wedding photographer Huang and aerospace photography enthusiasts belong to Article 9, item (2) of the Law on Conserving State Secrets of the People's Republic of China: Secret matters in national defense construction and armed forces activities. As long as the perpetrator commits one of these four acts of stealing, spying, buying and illegally providing the above-mentioned state secrets, it can constitute this crime. These two stories also remind us that military facilities and equipment and related information are sensitive things. When we are traveling abroad, we may encounter warships or military aircraft. We will come forward to take photos with us out of national pride, and post photos on social platforms such as friends and Weibo to share with strangers who friends have never met. Perhaps we may think that just a photo can produce any valuable information? Isn't it too much? However, in the hands of professionals, the color, paint, shape, label, background information such as the equipment reflected in a photo may help them infer the detailed technical level and rough geographical location of the equipment. Therefore, it is recommended that you try to avoid taking and posting such photos privately in the future, so as to avoid our unintentional actions being used by those who are interested abroad and endangering our national security.
To sum up, in order to avoid committing crimes of stealing, spying, buying, and illegally providing state secrets and intelligence for overseas Chinese, we ordinary people can be more vigilant about the following behaviors: one is to face some sensitive photo shooting work that promises a heavy return, we should be vigilant. This is a common method for spies to use us to spy on state secrets; the other is that some college students are more likely to be tempted by considerable rewards when they are part-time, and are easily used by spies to carry out espionage activities. When receiving some unreasonable high-paid work, young netizens and college students should maintain a clear understanding. Once you find any espionage clues or suspected espionage, you can call the reporting hotline of the national security organs 12339 to resolutely report espionage and safeguard the security of the national and public interests.
Today's sharing ends here. I hope that everyone can understand through short cases that espionage and crimes endanger national security are not far from our lives. In any era, protecting national security is the responsibility and obligation of every citizen. Only with national security can the people live and work in peace and contentment.
Information source: Nanning Municipal Justice Bureau, Nanning 990 News Channel
Edited by: 六文
Initial review: Huang Yanping
Re-examination: Fei Ruling
0 Final review: Chen Guohao
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