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Focus interview： making online consumption more secure

　　Cctv news(Focus Interview): It’s the annual "March 15th" International Consumer Rights Day again. In recent years, online consumption has accounted for an increasing proportion of people’s consumption. Since 2013, China has become the world’s largest online retail market for many years. However, with the rapid development of platform economy, there are more and more disputes about online consumption. In this year’s two sessions, the Supreme People’s Court mentioned in his work report that a judicial interpretation of online consumption was issued to regulate live delivery and take-away catering, so that online shopping can be bought and used with peace of mind. This judicial interpretation came into effect on March 15th.

　　In online shopping, the merchant promises to pay 10 or even 100 for a fake. What if the other party refuses to pay compensation according to the promise after a dispute occurs? If you buy clothes, can you really not return them if the merchants clearly indicate that they don’t support returning them? Online live shopping, compensation, I don’t know who to look for, how to judge? Have you encountered these troubles in online shopping? Starting today, online shopping consumers have taken another reassurance, and the Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Laws in the Trial of Internet Consumption Disputes (I) has been formally implemented.

　　Liu Junhai, a professor at the Law School of Renmin University of China, said: "There are 20 judicial interpretations of online consumption. Although there are not many words, they are concise and touch on the pain points, difficulties, hotspots and doubts in our online consumption. It should be said that this judicial interpretation of online consumption is very grounded and beneficial to people’s livelihood."

　　Then, what are the "pain points, difficulties, hot spots and doubts" touched by this judicial interpretation? Actually, it’s right next to you and me.

　　In recent years, online consumption has become more and more mainstream in mass consumption. By June 2021, there were 812 million online shopping users in China, accounting for 80.3% of the total number of netizens. At the same time, the infringement of online shopping consumers’ rights and interests has become more and more prominent, and the number of online consumption dispute cases has increased significantly. In the face of these new changes, the previous related laws also encountered some new problems that were difficult to solve in practice. Therefore, this judicial interpretation was introduced at the right time. Then, how will this judicial interpretation help us safeguard our legitimate rights and interests?

　　Highlight 1: Clarify the main responsibilities of all parties selling goods in live webcasts.

　　Consumer Mr. Wang bought a diet candy highly recommended by anchor online celebrity on a well-known live broadcast platform. After eating it several times, he suffered from severe diarrhea. After testing, this online celebrity diet candy contained "sibutramine" which was banned by the state. After the intervention of relevant departments, it was found that it was not easy to find the source of products.

　　Ying Jiande, deputy head of the comprehensive administrative law enforcement team of Taizhou City, Zhejiang Province, said: "Online sales are difficult to be detected by supervision. It is found in one area, but they are sold through the Internet nationwide, and its packaging is easy to change. When you find out that this product is illegal, it may have changed a packaging, so you can’t check it."

　　It is not uncommon to find that there is something wrong with the product you bought, but you don’t know who to look for and no one to take charge of it. In recent years, the development of webcasting with goods is very rapid. Because its marketing model is intuitive and interactive, it is favored by many consumers. While we get convenience and fun, we also find that there are many chaos behind it.

　　In recent years, the number of complaints about online consumption has declined as a whole, but the complaints about live webcasting have risen instead of falling, and the problems in live webcasting need to be solved urgently.

　　Among the 20 judicial interpretations issued this time, 7 are related to live webcasting. These seven provisions point to a common direction, that is, to clarify the main body of responsibility of all parties and their respective responsibilities.

　　Compared with other marketing methods, webcasting involves many subjects and complicated links, and it is easy for all parties to pass the buck when problems arise. In view of this situation, this judicial interpretation clearly expounds the responsibilities of the operators in the platform, the operators in the live broadcast room and the online live broadcast marketing platform according to the different situations in which consumers’ rights and interests are infringed.

　　Liu Min, vice president of the Supreme People’s Court No.1 People’s Court, said: "For the operator, if his staff members make false propaganda and cause damage to consumers’ rights and interests during the live webcast, we say it is his duty behavior, and as the operator, he should bear the responsibility of the seller. Regarding the responsibility of the operator of the live broadcast room, the judicial interpretation stipulates under what circumstances it is the responsibility of the operator of the live broadcast room. "

　　In a case similar to that of Mr. Wang, the platform often claims to be the behavior of the live broadcast room, which has nothing to do with itself. For this kind of pot-throwing behavior of the platform, the judicial interpretation clarifies the responsibility of the platform with three provisions: if the webcast platform cannot provide the real name, name, address and effective contact information of the live broadcast operator, consumers can request compensation from the platform. If the platform does not review the food business qualification of the webcast room, it will bear joint and several liability when the legitimate rights and interests of consumers are damaged. If the platform knows or should know that the goods sold in the webcast room do not meet the requirements of protecting personal and property safety, or there are other acts that infringe upon the legitimate rights and interests of consumers, it shall bear joint and several liability if it fails to take necessary measures.

　　Liu Junhai, a professor at the Law School of Renmin University of China, said: "The operators of the live broadcast rooms in the platform are selected by the platform, and they must be at least qualified to make a reasonable audit and appraisal of their products and models. However, deliberately indulging, turning a blind eye and closing one eye, many live broadcast operators are small enterprises, shooting a shot for a place, grasping the platform, and consumers’ rights protection will be fundamentally grasped. "

　　Highlight 2: Clarify the invalid format terms of online shopping.

　　"Our store reserves the final right to interpret the above terms" and "This product does not support return". How do you feel when you see the statement made by the store online? Consumers can only silently accept or walk away.

　　This overlord clause is one of the standard clauses. The so-called format clauses are generally contracts drawn up by the dominant party alone. Without consultation with the other party, the other party can only choose to accept or not. In online consumption, format clauses are generally formulated unilaterally by operators, who often give themselves more rights and make consumers assume more obligations. Although consumers are generally dissatisfied with the overlord clause, few people pay attention to what format clauses merchants have when they actually buy online.

　　Regarding the overlord clause, there are relevant provisions in the Civil Code and the Consumer Protection Law, but it is not clear enough, so there are still some problems that are difficult to solve in practical application.

　　Jian Chen, director of the Complaints Department of the China Consumers Association, said: "Consumers are not all legal experts. In fact, consumers often pay attention to the issue of format clauses when there is a dispute, so they are often reflected in complaints, but once they enter a dispute situation, the existence of format clauses becomes an important content that hinders consumers’ rights protection."

　　In the judicial interpretation issued this time, the first article points out that five format clauses that are not conducive to consumers are considered invalid. These five terms are familiar to almost everyone. For example, the consignee’s receipt of the goods is regarded as recognition that the quality of the goods conforms to the agreement, and the e-commerce operator has the right to interpret unilaterally or finally. Starting from today, even if such terms are clearly marked by merchants, they cannot hinder consumers from legally safeguarding their rights.

　　Highlight 3: Improve the takeaway catering platform and the operator’s responsibility.

　　The younger brother of Mr. Qi, a consumer, had obvious discomfort after drinking milk tea bought on a take-away platform. When Mr. Qi decided to complain about rights protection, he found that this tea shop could not be searched on the takeaway platform. After investigation, the local Consumer Council found that the tea shop had been renamed, but on the page of this takeaway platform, the Consumer Council failed to find the qualifications such as business license and food business license that merchants should publicize. After investigation, this store does not have the qualification to manufacture and sell drinks.

　　In online catering, there are not a few shops like this tea shop that operate beyond the scope and still sell on the platform without any qualifications. You can deliver food to your door immediately without leaving home and placing an order with one button. This service method brings convenience to consumers, but at the same time, because of its virtual and cross-regional characteristics, it also makes consumers face various risks and hidden dangers.

　　In Jiangsu, a courier brother reported the restaurant because it was filthy. These shops that even the third party could not stand it were always able to open safely under the supervision of the online catering platform. Whether online catering can be operated in good faith has aroused great concern of the whole society. In order to protect consumers’ health and maintain food safety, this judicial interpretation clearly stipulates the platform’s audit obligation and operator’s responsibility.

　　Liu Min said: "As a consumer, it is difficult for him to judge whether the operators have food processing qualifications and whether they meet the requirements of our food supervision. In this case, it is more about the responsibility of the platform. In addition to administrative supervision, it is allowed to come in and operate, and the qualifications should be relatively reviewed. If problems are found, the report of this report, if the responsibility is not fulfilled, should increase the accountability and force the platform to perform its responsibilities. If the operator entrusts others to process food, then in this case, it cannot be excused on the grounds that the food is processed by others. "

　　Highlight 4: Improve the seven-day unreasonable return system.

　　When online shopping products are not satisfied and want to return them, many people will find that it is not so smooth. In online shopping, consumers can’t see the real situation of goods on the spot. Therefore, the Consumer Protection Law stipulates that online shopping goods can be returned for seven days without reason, which gives consumers the right to go back on their word.

　　Although the Consumer Protection Law has been implemented for many years, in practice, the problem of difficult return is still widespread. Now, the judicial interpretation has made more detailed and specific provisions, further clarifying that those who meet the conditions for returning goods must return goods without reason.

　　Liu Min said: "The judicial interpretation specifically stipulates that even if it is opened, it is necessary to open it based on whether the goods are qualified or not, and this kind of opening still needs to be returned. If the seller said that when selling, this law has stipulated that there is no reason to return the goods for seven days, and it has also made a promise that it can be returned for seven days without reason, and the return has to be returned. "

　　In addition, the judicial interpretation issued this time also clearly stipulates some other problems that need to be solved urgently in practice, such as off-platform payment, brushing, brushing traffic, prizes, gifts, redemption of goods, and promises higher than legal compensation. These regulations are specific and targeted, which can directly and effectively solve the problem.

　　The development of network economy is changing with each passing day, and new models and patterns are constantly emerging. Therefore, the formulation of laws should not only be based on the status quo, but also focus on the future, leaving enough exploration and practice space for market innovation.

　　Liu Min said: "At present, the first judicial interpretation is mainly based on the most common problems in practice, and it is also an urgent problem to be solved. Then we have made such a provision, and there are still many problems in the follow-up, and there will be new problems with the development of the industry. Exposure, so our current work plan is also based on steps."

　　Network consumption and platform economy are related to thousands of households. On March 15th last year, General Secretary of the Supreme Leader pointed out at the ninth meeting of the Central Financial and Economic Committee that it is necessary to improve the rules and regulations, speed up the improvement of laws and regulations on platform economy, make up the gaps and loopholes in rules in time, and promote the healthy and sustainable development of platform economy. To develop the platform economy, we should use it well and manage it well. In addition to the "online" system, the supervision should also be "online", the protection of consumers’ rights and interests should be strengthened, and the platform and businesses should be urged to operate legally and in compliance, so that we can have a safe, convenient and healthy online consumer market and the platform economy can develop healthily and continuously.

Qi Xiangdong, President of Qihoo 360： Solving big data security problems with big data methods

　　Cctv news(Reporter Gao Yuting) On the morning of May 25th, 2016 China Big Data Industry Summit and China E-commerce Innovation and Development Summit opened in Guiyang. Qi Xiangdong, President of Qihoo 360 Technology Co., Ltd. delivered a speech at the opening ceremony.

　　The following is the full text of Qi Xiangdong’s speech:

　　Good morning, leaders, ladies and gentlemen, friends! We are doing safety, and safety is stepping on the brakes, so I will mainly talk about safety today. It is a great honor to attend this conference. The theme of this conference is "Data creates value, innovation drives the future", which coincides with the theme of "Data-driven security" of the China Security Conference held last year.

　　Let’s talk about three points.

　　First, big data is also a double-edged sword, which can benefit society and people. If it is used by some people, it can also harm social and public interests. Just now, Baidu Li talked about artificial intelligence, which really makes us impulsive and yearning, like autonomous driving and unmanned aircraft. However, if autonomous driving is realized, big data needs to be continuously transmitted from the end to the cloud, and then from the cloud to the end. In this process, the data is hijacked, and the drone and self-driving car will be cracked, and its direction control will no longer be the owner’s meaning.

　　Smart home can also bring us a lot of convenience. On the way off work, you can remotely control the oven, soymilk machine and washing machine to work through your mobile phone. But also, if these big data in the cloud are replaced by hackers through data deception, then the hardware of these smart homes may become stupid hardware, or it may become a weapon that harms family safety. When you get home, a hacker may remotely control your washing machine to run at 90 degrees and 1200 rpm for a whole day. Some time ago, a cyber fraud case was cracked in Guangdong. A hacker obtained the names, card numbers and passwords of many bank users through cyber attacks, and organized a group of people to steal credit cards, involving 1.5 billion RMB, involving 49 banks. In February this year, the largest cyber theft case occurred in the history of the world. The head of the Bangladesh Central Bank said that if the hacker hadn’t made a spelling mistake that day, there would have been a $1 billion transaction.

　　General Secretary of the Supreme Leader said at the 4.19 Network Information Work Symposium that security is the premise of development, so governments and enterprises at all levels must not forget to consider security issues when developing big data. Once a big data center in the cloud has a major security breach, it may lead to the loss of customers in this center.

　　Second, traditional security ideas have no way to solve the problem of big data security. The traditional way to solve network security is to divide the boundaries. We separate the internal network from the external network, isolate the risks with terminal equipment, and solve the security problems with the network to hold the boundaries. However, with the emergence of mobile Internet and cloud technology, mobile terminals shuttle among 4G, WiFi and wired cables, and the network boundary has disappeared. We find more than 120 vulnerabilities in software and hardware and websites every day. Every Trojan horse and every vulnerability may attack our pre-deployed security equipment and security software.

　　On December 31st, last year, the network of Ukrainian electric power company was attacked, which caused the first power outage due to network attack in history. In March this year, Syrian hacker groups controlled the chemical formula of the water plant through cyber attacks, which led to the water supply of the water plant being stopped. If such an attack is not found, then the water we drink may be poisonous.

　　In fact, cyber attacks occur every day, and China is the biggest victim of cyber attacks. Last year, 360-Day Eye Lab detected that the hacker department of "OceanLotus" launched a sophisticated and targeted cyber attack on China for three years. These examples all show that the traditional network protection methods have failed, and it is urgent to solve the big data problem and security problem.　

　　Third, use big data methods to solve big data problems. In his speech on 4.19, the Supreme Leader General Secretary put forward five new concepts of network security for the first time. Among them, he said that network security is dynamic, not static, and it is out of date to rely on installing several security devices and network software, which requires dynamic and comprehensive network protection software. The General Secretary requires comprehensive network security situational awareness. These arguments are summed up to solve the problem of big data security with big data methods. It is no longer a problem for hackers to access our system, but they must look for data that they think is valuable after entering the network. If they can find it in time before they find it and take it away, they can cut off the attack and find the source.

　　A person can disguise his voice and fingerprints, but there is no way to disguise his behavior. This is data. Therefore, data can see through everything, and it can also show that any access behavior on all networks will leave traces. A hacker’s behavior on the Internet is different from that of normal employees’ network access behavior. Using big data, we can find out whether it has been attacked, who has been attacked, what kind of data the attacker cares about us, and what measures should be taken to cut off this attack. This method is called a new security system under data-driven security thinking, which includes vulnerability mining technology, network attack technology, network sample analysis technology, network address resolution database, network access database and so on. The huge big data system and big data technology composed of all kinds of big data is the traditional big data in internet plus.

　　Three years ago, 360 seized the opportunity, and the user coverage rate reached 96.1%. From this, we also mastered the largest malware database in the world. With these big data and 360 powerful big data analysis capabilities, the only global network security situational awareness system in China has been developed. Last year, we discovered 29 organizations that launched APT attacks against the government of China, covering 31 provinces, controlling tens of thousands of computers in important systems in China, with the longest latency of 8 years.

　　In short, cyber attacks can be seen and managed with the ability of big data. This set of maps has also been brought to the Expo, and everyone has the opportunity to see it in the afternoon. This afternoon, three products for protecting smart city big data were released with the help of the Expo platform. Welcome to visit and guide.

　　Thank you!

Huang Jianxiang Non-mainstream Commentary Diving Reality Show User： My heart is blocked.

64-year-old cattle are desperate.

"Like the national team before taking off, like the chop suey when falling into the water." This is the funny self-evaluation of the 64-year-old cattle on the first jump of the first preliminaries. The cattle that once made the audience laugh with countless classic cross talks made the audience sweat in front of the TV last night (as shown on the right).

In the first round of the competition, the height of five meters was chosen, and the cattle were almost horizontally thrown into the water. The large splash of water splashed on the cattle made competitor Asa "cry out for pain". At the bottom of the first round "judges’ score" with 23.5 points, but in the second round, he "desperately" stepped onto the 10-meter-high platform. When the oldest player in the whole program group was ready to take off, the judge Zhou Jihong urgently shouted "Mr. Niu Niu" for ten times to stop him. However, the herd that "dreams of being an athlete all its life" jumped down despite the suggestion of "safety first" in the audience!

In addition to the cattle, the other four players can also be said to challenge the limit. During training, he encountered a "water beat" and fainted several times. Actor Gao Hu became the "first star" of the 10-meter platform; A Bao, a singer who is extremely afraid of heights and has not dared to fly so far, shouted "Brother, jump forward boldly, don’t look back" and then jumped resolutely; As a "landlubber", South Korean "Electronic Queen" Chae Yeon tied inflatable life-saving equipment to complete the competition; Asa, who suffered a waist injury during the rehearsal, undoubtedly attracted the most attention. During the competition, if he bluntly dived, he would "jump off the building" and overcome the pain and turn into the water.