Man convicted of installing cryptomining programs without consent

“And fined him 100,000 yen”. That’s about $900, not much of a deterrent for a “malicious crime used for personal gain”.

I have doubts that it was a crime at all, much less a malicious one. May be an example of public ignorance and suspicion surrounding cryptocurrency.

How is this different from the common practice of installing cookies for personal gain? And what it wrong with wanting personal gain from website visitors? Are people supposed to run websites for free? What was the law that was broken? Given that crypto is quite new, why wasn't he given a warning of he was violating some vague new law?

These questions may be the reason for the small fine. But he now has a criminal record for doing something that he had no reason to believe was illegal - if it even was at the time.

District court already acquitted that man last year but investigators still want to continue with this case and appeal that case in high court and won.

In March last year the Yokohama District Court acquitted the man, saying the program only had a minor impact on the visitors' computers and investigators had not cautioned him against the use of the software before indicting him.

Since this is first kind in Japan law enforcement can at least try to warn him how to proceed with his activities before indict him but they choose to indict him right away.

"Visitors were not informed of (the mining program) or given the chance to reject it," said Presiding Judge Tsutomu Tochigi.

So in the future website operator that use this kind of program just need to do just put a flying banner that won't go away unless website visitor click ok?

He didn’t pay taxes?

As digital currencies are not managed by a government or central banks

Say what? There is nothing about digital currencies that prevent central banks and/or government from managing them. And some governments already are.

I have doubts that it was a crime at all, much less a malicious one. May be an example of public ignorance and suspicion surrounding cryptocurrency.

How is this different from the common practice of installing cookies for personal gain? And what it wrong with wanting personal gain from website visitors?

I was thinking much the same. This is a dangerous ruling - all sorts of things happen when users visit web pages that they don't see/know about. Some websites are in constant communication with the server doing things the user isn't aware of.

Since this is first kind in Japan

There was a guy convicted about two years ago in Japan for using Coinhive.

https://www.zdnet.com/article/for-the-first-time-remote-cryptojacker-sentenced-for-exploiting-coinhive/

However, the situation seems different. In that case, the code was planted in an online gaming cheat tool that users downloaded to their computers. In this case, it seems it was just sitting on his own website, so as others have said, how is it different from other stuff that only runs on websites when you visit the page?

There was a guy convicted about two years ago in Japan for using Coinhive.

However, the situation seems different. In that case, the code was planted in an online gaming cheat tool that users downloaded to their computers. In this case, it seems it was just sitting on his own website, so as others have said, how is it different from other stuff that only runs on websites when you visit the page?

Exactly nothing need to be download except those by web browser that's why this case still the first kind in Japan.

In March last year the Yokohama District Court acquitted the man, saying the program only had a minor impact on the visitors' computers

Err, what? That does not make it OK to secretly install and run softare on other people's computers.

That does not make it OK to secretly install and run softare on other people's computers.

Every time you use the internet, you visit sites that install and run software on your computer. That's what a website is - software. All coding and digital.

This very site you are on has secretly installed a cookie onto your computer (you cannot sign in without one). It also runs commands in the background.

Should JT be sued?

strangerland:

Every time you use the internet, you visit sites that install and run software on your computer. That's what a website is - software. All coding and digital.

Cookies are not executables. This guy apparently used other peoples computer ressources for his crypto mining.... a cookie does nothing of the sort.

Sorry this is just wrong, it is running in the browser there are no guarantees of anything using a browser. You can't ask users permission for everything. Whatever the browser supports is what is allowed!

@WilliB: I didn't install ANYTHING, it ran inside the browser ONLY when you were on his website.

that should say "It didn't"... I am not the guy in question

gogogo:

I didn't install ANYTHING, it ran inside the browser ONLY when you were on his website.

OK, in that case, I would agree the guy did not really do anything wrong. However, the article says:

*A Japanese court has overturned the acquittal of a man accused of secretly installing and using a cryptocurrency mining program*

Cookies are not executables.

JavaScript is. And it's on 99.999% of the websites out there.

This guy apparently used other peoples computer ressources for his crypto mining.... a cookie does nothing of the sort.

JavaScript uses your computer resources whenever you load a web page (with JavaScript enabled).

I used the cookie example because people have heard of it. But the JavaScript example is doing exactly what they convicted this guy of - running executables on your browser, that use your computer's resources for things that are in the best interests of the site operator.

A Japanese court has overturned the acquittal of a man accused of secretly installing and using a cryptocurrency mining program

Without a clear definition of what they meant by "installed", it's kind of meaningless.

Accessing a website downloads the JavaScript files to your computer, where they are executed. This could be referred to as installing.

It didn't install anything... I don't want to live in a world where a website has to ask:

Can I run javascript?

Can I load images?

Can I load this video?

Windows vista anyone?

I don't want to live in a world where a website has to ask:Can I run javascript?

...

Can I load this video?

I've actually got my browser set up to do exactly that.