关键词: 流量劫持, 指导性案例, 计算机信息系统安全, 技术越界, 虚拟财产

Abstract: With the rapid development of the internet era, traffic hijacking has become an extensive threat to network security. Traffic hijacking used to be defined as unfair competition in judicial practice, but Guiding Case No. 102 signals that traffic hijacking should be adjudged to be a criminal crime. Traffic hijacking like DNS hijacking, CDN hijacking, BGP hijacking, and client-side hijacking is of controversial nature. As it is done covertly, it is difficult to collect evidence. The criminal objects of traffic hijacking are defined as virtual assets, the management order of computer information system, and computer information system security. In judicial practice, legal regulation on traffic hijacking needs to be differentiated based on hard traffic hijacking and soft traffic hijacking. According to Guiding Case No. 102, the "technical transgression" behavior should be regulated by the criminal law so as to curb hijacking and to ensure the security and stability of computer information systems.

Key words: traffic hijacking, guiding case, computer information system security, technical transgression, virtual assets