On the other end of the tiny pinhole camera lies a filthy and corrupt greed.

📅 2021-05-12 📂 Zhiming Hot Comments Zhiming Hot Comments 🏷️ #Criminal Law of the People's Republic of China #Transaction #Secret Filming #Eavesdropping #Pinhole Camera

[2] Compiled from: Guangming Net, Modern Express, Shandong High Court
 
Case review
Recently, a netizen exposed a new method of covert photography——after modification, in addition to the existing front and rear cameras, a hidden camera is concealed in the speaker hole of a mobile phone. While the screen appears to be locked and the phone casually placed on a table, it is actually secretly recording. It can even be connected to a dedicated app for remote control, allowing covertly recorded videos to be uploaded and downloaded.

 
 

In social settings, placing your phone on the table or taking it to the bathroom to play with could mean its bottom speaker or headphone jack is secretly filming you. Walking down the street, there may also be voyeurs nearby who could use such modified phones to secretly photograph others' private parts——just thinking about these situations is enough to send chills down one's spine.
 
A search on a second-hand trading platform using relevant keywords revealed a seller offering a modified phone for 2,599 yuan, far above the average market price. In the description and images, the seller claimed the device not only has dual cameras for shooting from two angles, but can also be remotely controlled to delete apps and data, and even livestream while the screen is off or locked. In the demonstration images, the camera was modified into the speaker grille. When a user asked in the comments whether the headphone jack had been converted to a front-facing camera, the seller replied: “It can be modified to the front or the back.”
 
On online shopping platforms, besides modified phone cameras, everyday items like tissue boxes, power sockets, brooches, makeup mirrors, tissue boxes, and sunglasses may all be fitted with cameras aimed at you. Some sellers even offer customization services, such as spying shoes, where a camera is installed on the shoe according to the buyer's needs and then shipped.

 
 

Ridiculously, some sellers, in an attempt to evade liability, even include disclaimers such as: “This product is prohibited for use in illegal scenarios such as covert photography or eavesdropping. Any consequences arising from illegal use are unrelated to this store.”
 
 
The Criminal Law of the People's Republic of China "
Article 283    
Illegal production or sale of specialized espionage equipment such as eavesdropping or spying devices is punishable by up to three years in prison, criminal detention, or surveillance.
 
Article 284    
Illegal use of specialized eavesdropping or spying equipment, causing serious consequences, is punishable by up to two years in prison, criminal detention, or surveillance.
 
 
[1] The author's perspective
According to relevant laws, the production and sale of specialized eavesdropping and covert photography equipment are strictly controlled by national security departments. Unless explicitly designated or approved by such departments, they are in principle considered illegal production and sale. Pinhole camera-type devices generally meet the definition of specialized eavesdropping and covert photography equipment, and online stores selling such products are engaging in illegal production and sale, which may constitute a crime.
 
Behind every pinhole camera lies a black industry chain. Some members of the public believe that the cost of illegal filming is low, the penalties are weak, and deterrence is insufficient, leading some criminals to take risks driven by economic incentives. However, the crimes involved in illegal filming are not limited to just one. If obscene videos obtained through illegal filming are disseminated, it may also involve the crime of disseminating obscene materials; reselling such videos may involve the crime of producing, reproducing, publishing, selling, or disseminating obscene materials for profit.
 
The author reminds readers to protect their privacy and guard against illegal filming while also regulating their own behavior and not crossing legal boundaries. Businesses must also operate in accordance with the law, maintain integrity, and refrain from selling prohibited items.

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