More than 1,200 personal information on non-specific natural persons, such as stars, “net-red” and social hotspots, has been made public; three channels dedicated to “opening boxes” have been created and managed in an offshore software; and telephone calls, text messages and verbal abuse have been organized and instigated against “opening boxes” objects。
It is clear from this case that such acts go beyond mere individual privacy violations and are evolving into widespread threats to public information security and social order。
“open box” refers primarily to the acquisition and disclosure of sensitive personal information by illegal means. The nature of such behaviour changes fundamentally when it evolves from sporadic cases to organized, scalable and even black industrial chains. The harm it causes is at least at three levels: first, creating a general sense of social insecurity. Anyone could become a victim, leading to continued public concern about their own information security and the cyber environment. Second, serious disruption of the cyberspace order. In the present case, the perpetrator has often issued personal information accompanied by insulting remarks, even organizing and inciting persons of concern to telephone, text-messaging and verbal abuse of “opener” objects, bringing online contradictions below the line and seriously undermining basic rules of social interaction and cybercivilization. Third, it poses a systemic risk to the information security of the state and society. The complexity and cost of social governance is compounded by the fact that large amounts of personal information are illegally collected, traded and become a basic resource for a wide range of offences, including telecommunication fraud and malicious marketing。
Traditional, individual-dependent models of rights defence often fail to respond to such new types of cyber-abuses. The public prosecution service explores the institutional advantages and relevance of intervention through civil public interest litigation. It is worth exploring in depth that the growth of “open-box” behaviour stems not only from loopholes at the legal and technical levels, but also from a lack of legal awareness, cyberethics and disregard for the rights and dignity of others. This mentality is reflected, in particular, in some of the minor participants. Governance must therefore go beyond a single ex post punishment and shift to deeper social attitudes and behavioural corrections。
Effective governance of the “open box” mess requires a multilayered and systematic response system. First, the law needs to be continuously strengthened and refined. The regulations governing the protection of personal information should be further improved to clarify the legal boundaries of liability for such acts and to increase the penalties imposed on organizers and core participants. In the case of minors, the principle of tolerance and non-tolerance must be upheld, and professional behavioural and educational measures must be applied in accordance with the law. Secondly, the primary responsibility for underpinning the web platform is key. Instead of responding to complaints in a reactive manner, the platform should proactively use technical means to improve its ability to identify, warn and block information on violations and black-out activities, establish efficient reporting and content clearance mechanisms and assume real responsibility for platform management. Finally, the promotion of social solidarity is a long-term foundation. There is a need to promote digital literacy and the rule of law for the entire population and foster a web culture that respects privacy and resists violence, including through school education, media campaigns and community justice. At the same time, industry self-regulation, public oversight and the involvement of professional bodies are encouraged to work together in governance。
Personal information security has become an integral part of the public interest of society. Addressing the current challenges will require the courage of the judiciary, as well as the improvement of laws and regulations, the upgrading of technical protection, the implementation of platform responsibilities, and the general enhancement of the spirit of the rule of law and the civilization of the network throughout society. This is a necessary requirement for the protection of the rights and interests of citizens and is the cornerstone of a clear, credible and secure digital society. (professor, chinese university of political science and law)
