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

📅 2021-05-12 📂 Zhiming Hot CommentsZhiming Hot Comments 🏷️ #Criminal Law of the People's Republic of China #交易 #偷拍 #窃听 #针孔摄像头

[2] Compiled from: Guangming Net, Modern Express, Shandong High Court
 
Case review
[3] Recently, netizens exposed a new type of secret filming technique—after modification, in addition to the existing front and rear cameras, a hidden camera is concealed in the phone's speaker hole. When the screen is locked, it appears casually placed on a table, but in reality, it is secretly recording. It can even connect to a dedicated app for remote control, allowing the uploaded and downloaded secret footage.

 
 

[4] In social settings, placing a phone on a table or taking it to the bathroom to play with it might mean that its bottom speaker or headphone jack is secretly filming you. Walking on the street, there could also be voyeurs using such modified phones to secretly film others' private parts—just thinking about these scenarios is chilling.
 
[5] Searching with relevant keywords on a second-hand trading platform, a seller is offering a modified phone for 2,599 yuan, far above the market average. In the product details, the seller states that it not only has dual cameras for two-angle shooting but also supports remote control, deletion of software and data, and live streaming in black screen or locked screen mode. In the demonstration images, the camera is modified into the speaker hole. A user commented asking if the headphone jack was modified to the front, and the seller replied, "Modifying the front or back is both possible."
 
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 attach disclaimers to evade responsibility: "Prohibited for illegal spying, eavesdropping, or other unlawful scenarios. The consequences of illegal use are not related to this store."
 
 
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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