Two years ago, Bitcoin (an electronic currency) became very popular. At its peak, one Bitcoin was sold for more than 8,000 yuan. Xiao Wu from Fujian bought some bitcoins on a trading website with the idea of making some money, and linked his account to his mobile phone. Unexpectedly, someone stole 380,000 worth of bitcoins from Xiao Wu's account by using a card reprint and code interception method. He therefore sued a telecommunications company. Yesterday, the Wenling Court rejected Xiao Wu's lawsuit in the first instance. Xiao Wu said that most of the bitcoins in his account were purchased in 2013. The "exchange rate" at that time was still relatively high, and one bitcoin was worth more than 5,000 yuan. He has been waiting for the "appreciation" before "selling" it. But later, when Mr. Wu refreshed his Bitcoin account interface, he was unexpectedly logged out by the system. When he tried to log in again, the system prompted that the password was wrong. Just when Xiao Wu was puzzled, he discovered another problem - his mobile phone had no signal, and his email and QQ passwords had been changed and he could not log in. All of Xiao Wu's accounts are tied to his mobile phone, and he can buy and sell bitcoins after logging into the website. When operating, in addition to entering the account number and password, he also needs to enter the dynamic verification code sent by the official website to the bound mobile phone. Mr. Wu quickly made an inquiry call and found out that his number had been reported lost at a telecommunications company business hall in Wenling that afternoon and a new card had been applied for. Xiao Wu suspected that someone had used his identity information to reissue a new card, reset his account password, and then transferred the bitcoins in his account. In May this year, Mr. Wu took the telecommunications company to court, claiming that the company had failed to fulfill its review obligations when issuing a new card and allowed others to use his mobile phone number. He demanded that the company repay his economic losses of more than 380,000 yuan. Wenling Court held two public hearings on the case on July 20 and September 19, respectively. During the trial, the two sides had heated arguments over key points such as "Is there any fault in the mobile service center's card replacement behavior? Did Mr. Wu suffer any losses? If so, how much was the specific loss? Is there a causal relationship between the card replacement behavior and the loss?" The telecommunications company argued that Bitcoin is a virtual currency and that the account in dispute was registered using an online name, so it was not certain that it belonged to Wu. When the telecommunications company processed the card replacement service, it had verified the real-name identity, but because it was not connected to the public security network, they were unable to confirm the authenticity of the identity of the person who replaced the card. After trial, the court held that Mr. Wu’s claim that the mobile company should bear liability for infringement compensation was insufficient to prove that his Bitcoin account was stolen and his specific economic losses. The business hall did not fulfill its due obligation to review the identity of the cardholder during the card reissue process, and did not make a copy of the ID card used by the cardholder at the time for archiving, or take a photo of it with a high-definition camera for electronic archiving, which was a certain fault. However, if a third party committed a deliberate crime against Mr. Wu's Bitcoin account by using his card reissue behavior , and the mobile company was required to bear the tort liability, it would not conform to the principle of fairness. Mr. Wu's claim was therefore rejected. |
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