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本文是计算机科学专业的Essay范例，题目是“Canada and China: Cybercrime and Cryptocurrency（加拿大和中国:网络犯罪和加密货币）”，网络犯罪是信息时代的副产品，在全球范围内增长非常快(FBI, 2017)。随着技术的进步，罪犯利用互联网的方法也在进步。网络犯罪可以被描述为使用计算机、网络或其他电子设备来促进犯罪，国际刑警组织对两种类型的网络犯罪进行了区分(国际刑警组织，2017): Bitcoin, Cyber-crime, Cryptocurrency, Canada, China.比特币，网络犯罪，加密货币，加拿大，中国。 Cyber-crime is a byproduct of the information age and is growing very fast worldwide (FBI, 2017). As technology has advanced so have the criminal’s methods to exploit the internet. Cyber-crime can be described as the use of a computer, a network or other electronic device to facilitate a crime, Interpol makes a distinction between two types of cyber-crime (INTERPOL, 2017):
Advanced cyber-crime – attacks on computer software or hardware; Cyber-enabled crime – financial crimes, crimes against children and terrorism are more prevalent since the introduction of the internet. These types of crime in the past would have been likely to be conducted by small groups or even individuals, but new trends according to Interpol show organized criminal gangs worldwide have embraced technology to further their profits be it from illegal gambling, sale of fake goods, theft, fraud etc.
Since 2009 the criminals now have a new virtual currency also labelled as a cryptocurrency called Bitcoin which is used by many to conduct transactions on what has become known as the dark web. The dark web can only be accessed through encryption software and this area of the internet is largely un-policed and users can remain anonymous. The anonymity is an ideal scenario for the criminal to work in. 自2009年以来，犯罪分子现在有了一种新的虚拟货币，也被称为比特币，许多人使用比特币在所谓的暗网上进行交易。暗网只能通过加密软件访问，互联网的这一领域基本上是不受监管的，用户可以保持匿名。匿名是罪犯工作的理想场景。
This paper will discuss firstly the give a brief overview of cyber-crime and the origins of bitcoin in more detail. Secondly how this electronic currency technology is being used for legal and illegal purposes. And lastly how governments around the globe are trying to regulate this electronic currency, with a major focus on the Canadian government and Bill C-31.
Criminality is nothing new it has been part of lives for centuries, crime as such has not changed over the years only the tools used to carry them out have developed. Criminals have learned to use technology to hide themselves in the shadows and use technology to further profit. The biggest technological advancement in the last thirty years has been the internet. The internet has revolutionized our lives in so many ways from ease of communications, e-commerce to the large wealth of knowledge on line. Cyber-crime comes in many forms but it is primarily aimed at computers, computer infrastructure and other connected devices. With the large spread of the internet and smartphones, now nearly 3.2 billion people on the planet have access to the internet (ITU, 2015). 犯罪并不是什么新鲜事，几个世纪以来它一直是生活的一部分，犯罪本身多年来并没有改变，只是用来实施犯罪的工具有所发展。犯罪分子已经学会了利用技术将自己隐藏在阴影中，并利用技术进一步获利。过去三十年来最大的技术进步是互联网。互联网在很多方面改变了我们的生活，从便捷的通讯、电子商务到大量的在线知识。网络犯罪有多种形式，但主要针对的是计算机、计算机基础设施和其他连接设备。随着互联网和智能手机的广泛普及，现在地球上有近32亿人可以使用互联网(国际电联，2015年)。
It increases the pool of people that criminals have access to. When this is compared to decades ago when computers were only used by government agencies, research and financial institutes, crime in this area was limited to those who had the expertise and access to these devices (Clough, 2015). Now a small group can conduct crimes on a global scale without the restrictions of physical location to perform the crime.
Bitcoin is an electronic virtual currency that allows users to conduct transactions between themselves (peer to peer) over an electronic network without the need for a third party namely a financial institution (Nakamoto 2008). Bitcoin was released in January 2009 by Satoshi Nakamoto which there is little known about as this was an alias used by the inventor (Powers 2014). 比特币是一种电子虚拟货币，允许用户通过电子网络在自己之间(点对点)进行交易，而不需要第三方即金融机构(Nakamoto 2008)。比特币由中本聪(Satoshi Nakamoto)于2009年1月发布，人们对其知之甚少，因为这是发明者使用的化名(Powers 2014)。
The Bitcoin software is open source and in order to use the currency a user must obtain a wallet, there are two common types of wallets. Firstly the software wallet and the secondly the mobile wallet (Bitcoin 2017). The software wallet is mostly stored on a user’s hard drive, with the mobile wallet being stored on mobile devices such as android phones, IOS phones and tablets, giving the user the flexibility of have a currency attached to a mobile device.
These wallets contain both a public and private key, the public key is what a user will share with other Bitcoin users in order to have them send bitcoins over the internet, whereas the private key is used by the owner of the bitcoins to make payments from the wallet (Miller 2015). 这些钱包包含公钥和私钥,公钥是用户与其他比特币将分享用户为了让他们通过互联网发送比特币,而私钥的所有者使用比特币支付的钱包米勒(2015)。
The back bone of this cryptocurrency is the public ledger called the blockchain, this ledger records who owns what bitcoins and records transactions that take place. No one controls or owns the blockchain it’s all in the public domain. Transactions on the blockchain can’t be reversed, the blockchain is only written too and are confirmed by the peer to peer network. Nakamoto has placed a limit of just under 21 million bitcoins, once that limit is reached, no more bitcoins can be made.
Bitcoin is viewed as being the electronic equivalent of cash, as no financial institutes are involved no personal information is required when creating a personal wallet or purchasing Bitcoins. This anonymity has drawn scrutiny from some sectors to Bitcoin because some criminals have adopted the currency instead of conducting business in more traditional financial ways (Miller 2015). Just like any currency, Bitcoin can be used to purchase many of the everyday things in life the same way that we use traditional cash or credit cards. You can transfer Bitcoin to relatives, donate to charity, and this was what Bitcoin was created for to be a replacement for current systems. The first Bitcoin ATM was opened in Vancouver, Canada in 2013. In its first week of operation, the ATM performed over 10,000 independent transactions with a third of users being first time Bitcoin buyers (Wagner 2013).
Across the world, entire city areas are accepting this cryptocurrency Bitcoin as payment for a range of goods and services. In the Germany City of Berlin, the borough of Kreuzberg, has the highest number of businesses accepting Bitcoin on the planet. This is expanding across the globe because every day more and more businesses are authorizing Bitcoin as a means of payment (Small 2015). 在世界各地，整个城市地区都在接受这种加密货币比特币作为一系列商品和服务的支付方式。在德国柏林的克罗伊茨贝格区(Kreuzberg)，接受比特币的企业数量是全球最高的。这正在全球范围内扩展，因为每天都有越来越多的企业授权比特币作为支付手段(Small 2015)。
Kirkpatrick (2017) refers to an interview with David Decary-Hetu, an adjunct professor of criminology at the University of Montreal, “There are many helpful and legal reasons for having bitcoin,” Decary-Hetu says, noting that large established companies such as Dell Computer, Expedia, Microsoft, and PayPal, each accept bitcoin, and are clearly not dealing in illegal goods.
Small (2015) stated the total market value of the Bitcoin currency is currently estimated at slightly below $7.6 billion. The main argument for the regulation of virtual currencies and Bitcoin is that because of the anonymity offered to the buyer of such currencies, criminals have advantage over law makers and law enforcement.
This anonymity helps obscure the identities of those purchasing drugs, money laundering, illegal paraphernalia and terrorist financing with the use of Bitcoin. Kirkpatrick (2017) again in his interview with Decary-Hetu says “There is no way to tie your identity to your online bitcoin wallet address, if you do it properly,” noting that when users try to convert cryptocurrencies to traditional money they may lose that anonymity. “That’s where sloppy people are going to get arrested. 这种匿名性有助于掩盖那些使用比特币购买毒品、洗钱、非法物品和恐怖主义融资的人的身份。Kirkpatrick(2017)在接受Decary-Hetu的采访时再次表示:“如果你做得恰当，就没有办法将你的身份与你的在线比特币钱包地址绑定。”他指出，当用户试图将加密货币转换为传统货币时，他们可能会失去这种匿名性。“在那里邋遢的人会被逮捕。
China In China, the government banned Bitcoin in December 2013. The People’s Bank of China does not give Bitcoin any legal status, refuses to recognize it as a currency, and has misgivings about Bitcoin as a central authority does not regulate it (Ponsford 2015). This was not always the case as in May 2013, the Chinese government unofficially gave its blessing to the currency when the government sponsored a documentary that was shown on state television to inform the public about Bitcoin (Small 2015).
Because of the interest that came from the documentary, a surge of Chinese clients downloaded Bitcoin software, more than any other country for the last seven months of 2013. Before the ban, China accounted for the most Bitcoin exchanges and as a result Bitcoin’s value plummeted nearly twenty percent in a single day after the announcement (Small 2015).
Canada加拿大 In Canada, the government in 2014 stated that Bitcoin was not legal tender. The government however did state that it was a payment system (George-Cosh 2014) and as such should be taxed as a commodity when Bitcoin is exchanged for Canadian currency. 在加拿大，政府在2014年声明比特币不是法定货币。然而，政府确实声明它是一个支付系统(George-Cosh 2014)，因此当比特币被兑换为加拿大货币时，应该作为一种商品征税。
Canada was the first jurisdiction in the world to pass concrete legislative measures to deal with Bitcoin and other virtual currencies. Bill C-31 was passed into law in June 2014, which made reporting requirements on the use of virtual currencies like Bitcoin. These measures are similar in nature to regulations on other financial transactions in the country.
Bill C-31 made it law that Bitcoin be regulated as a money services business, requiring users to register with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC). These Bitcoin regulations would apply to both domestic and international Bitcoin operators (Ponsford 2015).
The summary of Bill C-31 stated (in part):
Division 19 of Part 6 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things, enhance the client identification, record keeping and registration requirements for financial institutions and intermediaries, refer to online casinos, and extend the application of the Act to persons and entities that deal in virtual currencies and foreign money services businesses [emphasis added].
Legislation that specifically altered the definition of money services business stated: (4) If subsection 256(2) comes into force, then on the latter of January 1, 2015 and the day on which that subsection comes into force,‘money services business’ means an entity(a)(iv) dealing in virtual currencies, as defined by regulation
Other legislative provisions incorporated virtual currency language, including foreign businesses directing services at a Canadian person or entity. This legislation has had effects on Bitcoin use in Canada, because firstly it regulates virtual currency as a money service business; secondly imposes registration with FINTRAC to combat money laundering and terrorist financing; thirdly extends to both users inside and outside of the jurisdiction, or services within Canada; fourthly prevents banks from dealing with unregistered users (Ponsford 2015). 其他立法条款包含了虚拟货币语言，包括外国企业为加拿大人或实体提供服务。这项立法对比特币在加拿大的使用产生了影响，因为首先它将虚拟货币作为货币服务业务进行监管;其次，在FINTRAC进行注册，以打击洗钱和恐怖主义融资;第三，扩展到管辖范围内外的用户，或加拿大境内的服务;第四，阻止银行处理未注册用户(Ponsford 2015)。
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