Filip Radoniewicz - Academia.edu (original) (raw)
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Papers by Filip Radoniewicz
Przegląd Prawa Konstytucyjnego
Computer Languages, Systems & Structures, 2012
W niniejszym artykule przedstawiona zostala problematyka związana z uporządkowaniem terminologii ... more W niniejszym artykule przedstawiona zostala problematyka związana z uporządkowaniem terminologii informatycznej na gruncie prawa polskiego. Narzedziem temu sluzącym jest ustawa z dnia 4 września 2008 r. o zmianie ustaw w celu ujednolicenia terminologii informatycznej. Przy jej pomocy znowelizowano szereg przepisow, wprowadzając do ich treści jednolite pojecia o rodowodzie informatycznym: „informatyczny nośnik danych”, „dokument elektroniczny”, „system teleinformatyczny” oraz „środki komunikacji elektronicznej”. Ustawa ta jednak nie definiuje ich, ale odsyla dalej - do ustawy z dnia 17 lutego 2005 r. o informatyzacji dzialalności podmiotow realizujących zadania publiczne. Artykul sklada sie z trzech cześci. Po krotkim wstepie, mającym na celu wprowadzenie do omawianej materii, w cześci glownej zostala omowiona problematyka związana ze wskazaną powyzej ustawą o zmianie ustaw w celu ujednolicenia terminologii informatycznej. W zakonczeniu zawarta zostala proba oceny obowiązującej regul...
In the introductory part of the article, the distinction between two frequently confused concepts... more In the introductory part of the article, the distinction between two frequently confused concepts - "data" and "information" was made and their definitions were given, to describe afterwards the basic classifications - "computer data" and "information system". For that purpose international legal statutes were recalled, including the OECD Guidelines for the Security of Information Systems of the 26 th of November 1992 and the Council Framework Decision 2005/222/JHA of the 24 th of February 2005 on attacks against information systems. In the main part of the article, the author focuses on the information concepts, which are used by the Polish legislator in the Chapter XXXIII of the Penal Code, in which computer crimes are enumerated. Attention is paid to inconsistency in terminology, conceptual overlaps between certain specifications, and lack of definition of the relevant concepts. As the conclusion it is stated that the measures so far undert...
Cybersecurity in Poland
This study does not claim to exhaust all the abundant comparative legal issues. Therefore, it has... more This study does not claim to exhaust all the abundant comparative legal issues. Therefore, it has been limited to discussing the penal provisions of eight European countries, without going into detailed considerations on issues related to e.g. form of offences committed or the liability of legal persons. The overarching intention was to present as diverse regulations as possible.All countries whose regulations were discussed have signed and ratified the Convention on Cybercrime and are members (except United Kingdom) of the European Union, which resulted in their obligation to implement Framework Decision 2005/222 on attacks against information systems, and the need to adapt their regulations to the provisions of Directive 2013/40, which has replaced this decision.
Cybersecurity in Poland
There is no doubt that, due to the global nature of modern ICT networks, international cooperatio... more There is no doubt that, due to the global nature of modern ICT networks, international cooperation plays a key role in ensuring cybersecurity, including in the fight against cybercrime.This chapter describes initiatives taken within international organizations to ensure cybersecurity and the prevention of cybercrime. The presentation will start with the initiatives of the OECD and the Council of Europe. This is due not only to some kind of “Eurocentrism” but above all to the fact that these two organisations were the first to address cybersecurity and cybercrime issues. In addition, the Council of Europe Convention 185 on CyberCrime of November the 23rd, 2001, an international agreement concluded in the Council of Europe, is a milestone in the prevention of computer crime, remaining the only binding act of international law to combat it. Its importance is best demonstrated by the constantly growing number of signatories (and countries that model without signatures after the provisio...
Cybersecurity in Poland
The purpose of this chapter is to synthetically characterize the phenomenon of cybercrime, cybert... more The purpose of this chapter is to synthetically characterize the phenomenon of cybercrime, cyberterrorism and cyberwar. It presents attempts to define computer crimes and their classification, history of criminalization of this phenomenon together with related difficulties. The author consistently distinguishes cybercrime from cyberterrorism and cyberwar.
Cybersecurity in Poland
The first legal acts adopted within the framework of the European Communities were adopted in the... more The first legal acts adopted within the framework of the European Communities were adopted in the early nineties. However, they were not binding. They contained calls for appropriate actions, identification of some solutions, proposals for draft legal acts, strategies and action plans to improve network security.This chapter, however, highlights the most important binding acts: the first binding EU legal instrument to combat computer crime: Council Framework Decision 2005/222/JHA of the 24th of February 2005 on attacks against information systems, Directive 2013/40/EU of the European Parliament and of the Council of the 12th of August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA and Directive (EU) 2016/1148 of the European Parliament and of the Council of the 6th of July 2016 concerning measures for a high common level of security of network and information systems across the Union.
Cybersecurity in Poland
The aim of the paper is to analyze the provisions criminalizing the phenomenon of “computer crime... more The aim of the paper is to analyze the provisions criminalizing the phenomenon of “computer crimes” (“cybercrimes”) in the strict sense, i.e. acts in which a computer or network is the target of a crime (“a victim”). The paper consists of two parts—the main part in which analysis of articles 267-269c of the Penal Code of 1997 (Chapter XXXIII, entitled “Offenses against the protection of information”)—in which the Polish legislator defined these offenses—is carried out. The second part refers to the “cyberterrorist offense” which is an “ordinary” computer crime carried out with a “terrorist purpose”.
Cybersecurity in Poland
This chapter presents the provisions of Chapter 14 (“Provisions regarding monetary penalties”) of... more This chapter presents the provisions of Chapter 14 (“Provisions regarding monetary penalties”) of NCSA containing provisions directed at implementing the provisions of Art. 21 of the NIS which obliging Member States to lay down sanctions applicable to infringements of the national provisions adopted pursuant to the NIS Directive and to take all necessary measures to ensure their implementation.Pursuant to the above provision of the NIS Directive, the Polish legislator adopted an appropriate provisions providing for administrative liability for three groups of entities: operators of essential services, digital service providers and (additionally) managers of operators of essential services.To the penalties imposed on the basis of the NCSA, the provisions of the Code of Administrative Procedure apply, which results directly from the content of art. 189a Code of Administrative Procedure.In this case, provisions of NCSA are ‘lex specialis’ and take precedence over codex regulations. On ...
Cybersecurity in Poland
The Act of the 5th of July 2018 on the National Cybersecurity System (hereinafter referred to as ... more The Act of the 5th of July 2018 on the National Cybersecurity System (hereinafter referred to as “NCSA”), as indicated in the explanatory memorandum to this act, is on the one hand an attempt to comprehensively regulate the national cybersecurity system, which is a response to the constantly growing and dynamically changing cyber threats, which may affect the security of the state, the economy and society, and on the other hand it is the implementation of the Directive (EU) 2016/1148 of the European Parliament and of the Council of the 6th of July 2016 concerning measures for a high common level of security of network and information systems across the Union (the NIS Directive). The purpose of this chapter is a brief description of the act and a synthetic presentation of the solutions it contains, which will be discussed in detail later in the monograph.
Przegląd Prawa Konstytucyjnego
Techniki implementacji do polskiego porządku postanowień decyzji ramowych Rady Unii Europejskiej ... more Techniki implementacji do polskiego porządku postanowień decyzji ramowych Rady Unii Europejskiej dotyczących prawa karnego materialnego Słowa kluczowe: Unia Europejska, decyzje ramowe, przestępstwa terrorystyczne, systemy informatyczne
Przegląd Prawa Konstytucyjnego
Comparative Legilinguistics
The paper is composed of three basic parts. In the introduction are discussed the successive stag... more The paper is composed of three basic parts. In the introduction are discussed the successive stages of cooperation of the states of the European Union within the III pillar of the EU-from its inception (the European Union Treaty, signed in Maastricht on the 7 th of February 1992) to the Treaty of Lisbon (signed on the 13 th of December 2007). In the second part is described the most significant legal instrument of the III pillar, implementing the harmonisation of the criminal law of the member states, that is the framework decisions. In the third part are presented examples of the implementation of chosen framework decisions in Polish law-the Framework Decision of the Council of 2002/475/JHA of 13 th of June 2002 on combating terrorism and the Framework Decision of the Council 2002/629/JHA of the 19 th of July 2002 on combating trafficking in human beings. Certainly the choice is not casual. The author endeavours to present two extreme models of implementing of framework decisions: a method of implementation consisting in transfer of legal rules, with the aim of inserting created norms into the Polish legal order and the contrary one of rewriting the content of the implemented framework decision without any reflection.
Przegląd Prawa Konstytucyjnego
Przegląd Prawa Konstytucyjnego
Computer Languages, Systems & Structures, 2012
W niniejszym artykule przedstawiona zostala problematyka związana z uporządkowaniem terminologii ... more W niniejszym artykule przedstawiona zostala problematyka związana z uporządkowaniem terminologii informatycznej na gruncie prawa polskiego. Narzedziem temu sluzącym jest ustawa z dnia 4 września 2008 r. o zmianie ustaw w celu ujednolicenia terminologii informatycznej. Przy jej pomocy znowelizowano szereg przepisow, wprowadzając do ich treści jednolite pojecia o rodowodzie informatycznym: „informatyczny nośnik danych”, „dokument elektroniczny”, „system teleinformatyczny” oraz „środki komunikacji elektronicznej”. Ustawa ta jednak nie definiuje ich, ale odsyla dalej - do ustawy z dnia 17 lutego 2005 r. o informatyzacji dzialalności podmiotow realizujących zadania publiczne. Artykul sklada sie z trzech cześci. Po krotkim wstepie, mającym na celu wprowadzenie do omawianej materii, w cześci glownej zostala omowiona problematyka związana ze wskazaną powyzej ustawą o zmianie ustaw w celu ujednolicenia terminologii informatycznej. W zakonczeniu zawarta zostala proba oceny obowiązującej regul...
In the introductory part of the article, the distinction between two frequently confused concepts... more In the introductory part of the article, the distinction between two frequently confused concepts - "data" and "information" was made and their definitions were given, to describe afterwards the basic classifications - "computer data" and "information system". For that purpose international legal statutes were recalled, including the OECD Guidelines for the Security of Information Systems of the 26 th of November 1992 and the Council Framework Decision 2005/222/JHA of the 24 th of February 2005 on attacks against information systems. In the main part of the article, the author focuses on the information concepts, which are used by the Polish legislator in the Chapter XXXIII of the Penal Code, in which computer crimes are enumerated. Attention is paid to inconsistency in terminology, conceptual overlaps between certain specifications, and lack of definition of the relevant concepts. As the conclusion it is stated that the measures so far undert...
Cybersecurity in Poland
This study does not claim to exhaust all the abundant comparative legal issues. Therefore, it has... more This study does not claim to exhaust all the abundant comparative legal issues. Therefore, it has been limited to discussing the penal provisions of eight European countries, without going into detailed considerations on issues related to e.g. form of offences committed or the liability of legal persons. The overarching intention was to present as diverse regulations as possible.All countries whose regulations were discussed have signed and ratified the Convention on Cybercrime and are members (except United Kingdom) of the European Union, which resulted in their obligation to implement Framework Decision 2005/222 on attacks against information systems, and the need to adapt their regulations to the provisions of Directive 2013/40, which has replaced this decision.
Cybersecurity in Poland
There is no doubt that, due to the global nature of modern ICT networks, international cooperatio... more There is no doubt that, due to the global nature of modern ICT networks, international cooperation plays a key role in ensuring cybersecurity, including in the fight against cybercrime.This chapter describes initiatives taken within international organizations to ensure cybersecurity and the prevention of cybercrime. The presentation will start with the initiatives of the OECD and the Council of Europe. This is due not only to some kind of “Eurocentrism” but above all to the fact that these two organisations were the first to address cybersecurity and cybercrime issues. In addition, the Council of Europe Convention 185 on CyberCrime of November the 23rd, 2001, an international agreement concluded in the Council of Europe, is a milestone in the prevention of computer crime, remaining the only binding act of international law to combat it. Its importance is best demonstrated by the constantly growing number of signatories (and countries that model without signatures after the provisio...
Cybersecurity in Poland
The purpose of this chapter is to synthetically characterize the phenomenon of cybercrime, cybert... more The purpose of this chapter is to synthetically characterize the phenomenon of cybercrime, cyberterrorism and cyberwar. It presents attempts to define computer crimes and their classification, history of criminalization of this phenomenon together with related difficulties. The author consistently distinguishes cybercrime from cyberterrorism and cyberwar.
Cybersecurity in Poland
The first legal acts adopted within the framework of the European Communities were adopted in the... more The first legal acts adopted within the framework of the European Communities were adopted in the early nineties. However, they were not binding. They contained calls for appropriate actions, identification of some solutions, proposals for draft legal acts, strategies and action plans to improve network security.This chapter, however, highlights the most important binding acts: the first binding EU legal instrument to combat computer crime: Council Framework Decision 2005/222/JHA of the 24th of February 2005 on attacks against information systems, Directive 2013/40/EU of the European Parliament and of the Council of the 12th of August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA and Directive (EU) 2016/1148 of the European Parliament and of the Council of the 6th of July 2016 concerning measures for a high common level of security of network and information systems across the Union.
Cybersecurity in Poland
The aim of the paper is to analyze the provisions criminalizing the phenomenon of “computer crime... more The aim of the paper is to analyze the provisions criminalizing the phenomenon of “computer crimes” (“cybercrimes”) in the strict sense, i.e. acts in which a computer or network is the target of a crime (“a victim”). The paper consists of two parts—the main part in which analysis of articles 267-269c of the Penal Code of 1997 (Chapter XXXIII, entitled “Offenses against the protection of information”)—in which the Polish legislator defined these offenses—is carried out. The second part refers to the “cyberterrorist offense” which is an “ordinary” computer crime carried out with a “terrorist purpose”.
Cybersecurity in Poland
This chapter presents the provisions of Chapter 14 (“Provisions regarding monetary penalties”) of... more This chapter presents the provisions of Chapter 14 (“Provisions regarding monetary penalties”) of NCSA containing provisions directed at implementing the provisions of Art. 21 of the NIS which obliging Member States to lay down sanctions applicable to infringements of the national provisions adopted pursuant to the NIS Directive and to take all necessary measures to ensure their implementation.Pursuant to the above provision of the NIS Directive, the Polish legislator adopted an appropriate provisions providing for administrative liability for three groups of entities: operators of essential services, digital service providers and (additionally) managers of operators of essential services.To the penalties imposed on the basis of the NCSA, the provisions of the Code of Administrative Procedure apply, which results directly from the content of art. 189a Code of Administrative Procedure.In this case, provisions of NCSA are ‘lex specialis’ and take precedence over codex regulations. On ...
Cybersecurity in Poland
The Act of the 5th of July 2018 on the National Cybersecurity System (hereinafter referred to as ... more The Act of the 5th of July 2018 on the National Cybersecurity System (hereinafter referred to as “NCSA”), as indicated in the explanatory memorandum to this act, is on the one hand an attempt to comprehensively regulate the national cybersecurity system, which is a response to the constantly growing and dynamically changing cyber threats, which may affect the security of the state, the economy and society, and on the other hand it is the implementation of the Directive (EU) 2016/1148 of the European Parliament and of the Council of the 6th of July 2016 concerning measures for a high common level of security of network and information systems across the Union (the NIS Directive). The purpose of this chapter is a brief description of the act and a synthetic presentation of the solutions it contains, which will be discussed in detail later in the monograph.
Przegląd Prawa Konstytucyjnego
Techniki implementacji do polskiego porządku postanowień decyzji ramowych Rady Unii Europejskiej ... more Techniki implementacji do polskiego porządku postanowień decyzji ramowych Rady Unii Europejskiej dotyczących prawa karnego materialnego Słowa kluczowe: Unia Europejska, decyzje ramowe, przestępstwa terrorystyczne, systemy informatyczne
Przegląd Prawa Konstytucyjnego
Comparative Legilinguistics
The paper is composed of three basic parts. In the introduction are discussed the successive stag... more The paper is composed of three basic parts. In the introduction are discussed the successive stages of cooperation of the states of the European Union within the III pillar of the EU-from its inception (the European Union Treaty, signed in Maastricht on the 7 th of February 1992) to the Treaty of Lisbon (signed on the 13 th of December 2007). In the second part is described the most significant legal instrument of the III pillar, implementing the harmonisation of the criminal law of the member states, that is the framework decisions. In the third part are presented examples of the implementation of chosen framework decisions in Polish law-the Framework Decision of the Council of 2002/475/JHA of 13 th of June 2002 on combating terrorism and the Framework Decision of the Council 2002/629/JHA of the 19 th of July 2002 on combating trafficking in human beings. Certainly the choice is not casual. The author endeavours to present two extreme models of implementing of framework decisions: a method of implementation consisting in transfer of legal rules, with the aim of inserting created norms into the Polish legal order and the contrary one of rewriting the content of the implemented framework decision without any reflection.
Przegląd Prawa Konstytucyjnego