Police detained three young men suspected of selling mobile phones with spyware installed in them. The software itself allowed tracking phone calls, SMS messages, users' correspondence, as well as viewing photos and documents stored in the phone's memory.
Detention of criminals
In Moscow, members of an organized group that sold phones with spyware that tracked phone calls and SMS messages have been detained. This was reported on the website of the "K" Department of the Ministry of Internal Affairs (MVD) of Russia.
The spyware allowed the user to secretly monitor phone calls, SMS messages, correspondence, as well as photos and documents stored in the phone's memory. During the operational search activities, the "K" Department officers established that the group included three young men: a native of Kazakhstan, as well as Russians from Moscow and Yoshkar-Ola, the MVD said in a statement.
The criminals operated in the Moscow region for more than four years, and during this time they sold more than a thousand phones with spyware. The cost of the program was 550 euros, which is about 58 thousand rubles, and the criminals' income exceeded 25 million rubles.
According to the Russian Ministry of Internal Affairs, the organizer of the business was a native of Kazakhstan, who took orders, met with clients and held master classes on installing software on the phone. The native of Yoshkar-Ola finalized the program and was also engaged in promoting the website and search engine optimization, created for the sale of equipment. The third participant - a Muscovite - was only a courier.
According to RIA Novosti, 20 mobile phones, three computers and a storage device with the program and instructions were seized from the homes of the criminals. Currently, law enforcement officers of the "K" department are trying to find people who purchased phones with illegal software. A criminal case has been opened under Article 273 of the Criminal Code of the Russian Federation "Creation, use and distribution of malicious programs".
Currently, investigators from the "K" Department of the Ministry of Internal Affairs of the Russian Federation are establishing all the circumstances of the case, as well as identifying the consequences of the gang's business. The detained men may face from 3 to 7 years of imprisonment and a hefty fine of up to 200 thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to eighteen months.
Article 273 of the Criminal Code of the Russian Federation also applies when updating the virus
Liability for creating a virus program for unauthorized access to computer information occurs even when producing a fragment of a malicious program. This was explained by the Plenum of the Supreme Court of Russia back in 2022 in the resolution developed on the consideration by the courts of criminal cases on crimes in the field of computer information.
As explained by the Supreme Court of Russia, in order to qualify the actions of a person under Part 1 of Article 273 of the Criminal Code of Russia ("Creation, use and distribution of malicious computer programs") as a completed crime, it is sufficient to establish the creation of a part (fragment) of the code of a malicious computer program that allows for unauthorized access to computer information. In this case, if the creation of a malicious computer program has not yet been completed, the actions of the person are subject to qualification as the creation of other malicious computer information.
Distribution of malicious programs means providing access to them to at least one person by any means, including sale, distribution, transfer of a copy on an electronic medium or via the Internet. Use includes any actions consisting of their application, as a result of which the destruction, blocking, modification, copying of computer data or neutralization of its protection means occurs.
At the same time, the Supreme Court of Russia noted that the use of such a program or information by a person on devices belonging to him/her, which does not pursue the goal of unauthorized access to computer information protected by law and does not entail the destruction, blocking, modification, copying of computer data or the neutralization of its protection means, does not constitute a crime. According to the highest judicial body, this may involve the use of a virus program, for example, for the purpose of testing the vulnerability of computer information protection means to which the person has legal access, or for educational purposes.
Detention of criminals
In Moscow, members of an organized group that sold phones with spyware that tracked phone calls and SMS messages have been detained. This was reported on the website of the "K" Department of the Ministry of Internal Affairs (MVD) of Russia.
The spyware allowed the user to secretly monitor phone calls, SMS messages, correspondence, as well as photos and documents stored in the phone's memory. During the operational search activities, the "K" Department officers established that the group included three young men: a native of Kazakhstan, as well as Russians from Moscow and Yoshkar-Ola, the MVD said in a statement.
The criminals operated in the Moscow region for more than four years, and during this time they sold more than a thousand phones with spyware. The cost of the program was 550 euros, which is about 58 thousand rubles, and the criminals' income exceeded 25 million rubles.
According to the Russian Ministry of Internal Affairs, the organizer of the business was a native of Kazakhstan, who took orders, met with clients and held master classes on installing software on the phone. The native of Yoshkar-Ola finalized the program and was also engaged in promoting the website and search engine optimization, created for the sale of equipment. The third participant - a Muscovite - was only a courier.
According to RIA Novosti, 20 mobile phones, three computers and a storage device with the program and instructions were seized from the homes of the criminals. Currently, law enforcement officers of the "K" department are trying to find people who purchased phones with illegal software. A criminal case has been opened under Article 273 of the Criminal Code of the Russian Federation "Creation, use and distribution of malicious programs".
Currently, investigators from the "K" Department of the Ministry of Internal Affairs of the Russian Federation are establishing all the circumstances of the case, as well as identifying the consequences of the gang's business. The detained men may face from 3 to 7 years of imprisonment and a hefty fine of up to 200 thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to eighteen months.
Article 273 of the Criminal Code of the Russian Federation also applies when updating the virus
Liability for creating a virus program for unauthorized access to computer information occurs even when producing a fragment of a malicious program. This was explained by the Plenum of the Supreme Court of Russia back in 2022 in the resolution developed on the consideration by the courts of criminal cases on crimes in the field of computer information.
As explained by the Supreme Court of Russia, in order to qualify the actions of a person under Part 1 of Article 273 of the Criminal Code of Russia ("Creation, use and distribution of malicious computer programs") as a completed crime, it is sufficient to establish the creation of a part (fragment) of the code of a malicious computer program that allows for unauthorized access to computer information. In this case, if the creation of a malicious computer program has not yet been completed, the actions of the person are subject to qualification as the creation of other malicious computer information.
Distribution of malicious programs means providing access to them to at least one person by any means, including sale, distribution, transfer of a copy on an electronic medium or via the Internet. Use includes any actions consisting of their application, as a result of which the destruction, blocking, modification, copying of computer data or neutralization of its protection means occurs.
At the same time, the Supreme Court of Russia noted that the use of such a program or information by a person on devices belonging to him/her, which does not pursue the goal of unauthorized access to computer information protected by law and does not entail the destruction, blocking, modification, copying of computer data or the neutralization of its protection means, does not constitute a crime. According to the highest judicial body, this may involve the use of a virus program, for example, for the purpose of testing the vulnerability of computer information protection means to which the person has legal access, or for educational purposes.
