Criminal Regulation of SMS Sniffing Crime in the Two-tiered Society

Under the background of two-tier society, the criminal regulation of SMS sniffing crime is in a dilemma, including the unclear scope of the protection of legal interests, the inability to make a reasonable interpretation of technology in criminal law, and the concurrence of applicable charges. The legal interests of SMS sniffing crime includes the legal interests of property and the citizens’ personal information, so the dual legal interest theory should be applied. The criterion for determining the perpetrating act of SMS sniffing crime and the criminal law interpretation are dissimilated due to the field characteristics of the two-tier society, and the criminal act should be interpreted based on protecting the legal interests of citizens’ personal information. In terms of specific regulatory path, the crime of theft should be applied to protect legal interests of property, and should be punished together with the crime of infringing upon the citizens’ personal information, but the sentencing standards should be “upgraded” to maintain the modesty of criminal law.