Section I ? Criminal Law. General part. Information Society and Penal Law (original) (raw)

Rethinking how criminal law works in cyberspace

The subject that has been proposed in the Seminar is complex and challenging. We are invited to "rethink" and not simply to describe and comment on a regional or global status. Rethinking how criminal law works on those behaviors done in cyberspace are not an original approach, it suggests a new reflection, it challenges a critical glance over the product of a criminal politician answer driven by international conventions (e.g. Budapest 2001) to disvalued conducts that cross-over borders and acquire global scale. The way in which consolidates in each country or region the international proposal to prevent impunity (cooperation, assimilation, harmonization or unification of the rules), it is conditioned by a series of filters in the own evaluative factors of different nature: ideological, political, economical and cultural. The accent in the observance of the constitutional guarantees of a "rule of law" or the "efficiency" in the criminal prosecution is the result of this multifactorial condition and the criminal law in relation to cyberspace works the same way as in the material world: tensioned between the liberal criminal law and authoritarian criminal law, act or author, a citizen or enemy.

Computer related crime: The decision of the Council of Europe

Pravo - teorija i praksa, 2015

The significance of information and communication technologies has created the need to establish worldwide measures and mechanisms for the protection of both the society and individual against abuses in this area, through adopting appropriate legislative solutions and improving the international cooperation. The result of these efforts, among other things, is the adoption of the Council of Europe Convention on Cybercrime, which has, in the opinion of the international community, established minimum standards that are necessary to meet the national legislation in order to effectively combat the abuse of high technology. 2

Cyber_Law__Provisions_and_Anticipation_ijariie3321.pdf

Cyber law is a term used to portray the permissible issues related to the use of communication technology, predominantly "cyberspace", i.e. internet. It is less a distinct field of law in the way that property or contact are, as it is an intersection of many legal fields, including intellectual property, privacy, freedom of expression, and jurisdiction. In essence, cyber law is an endeavor to amalgamate the challenges presented by human bustle on the internet with bequest system of laws applicable to the physical world. The growth of Electronic commerce has propelled the need for vivacious and effective regulatory mechanisms which would further strengthen the legal infrastructure, so crucial to the success of electronic commerce. All these regulatory mechanisms and legal infrastructures come within the domain of Cyber law. This research paper tends to strike the drastic and immensely growing problem of cyber crime by taking some universal essentials and stature and also shows their preclusions.

Electronic Crimes And The International Community Legislation: Comparative Analytical Study

Cybercrime or cybercrime on computer programs or programs is considered a serious crime at the present time. State legislatures have provided legal protection for the legitimate use of the computer and the information network and the punishment of perpetrators of acts that constitute an attack on the rights of their users Or to prevent misuse of computer crimes. However, Arab countries, especially Iraq, are still far from legislating an e-crime law, despite the proposal by the Iraqi government in early 2011 to undermine the use of information technology and social networking sites through a project called the Cyber Crime Act. Cyber-crimes the offspring of the cyber-space technology could be just observed; controlled and counteracted through digital enactment. Nations around the world are confronting the threats of digital violations because of a few reasons extending from the poor innovation, inadequacy and nonappearance of enactment to money related requirements, resistance with universal law and authorizing organizations. This examination was attempted to asses and breaks down the current situation with digital violations and enactment in the point of view of creating nations and to distinguish and investigate the difficulties the legislatures of creating nations are looking in the anticipation of the digital wrongdoings .

CONTEMPORARY FORMS OF CRIME: COMPUTER CRIMES AND “INTERNATIONAL INSECURITY”

RESEARCHING SECURITY - APPROACHES, CONCEPTS AND POLICIES

In the era of post-globalization development and dissemination of information and communication technologies and the assertion of the right to freedom of information with positive implications connected with it has, however, also produced disastrous results in terms of the proliferation of new forms of digital crime and in terms of network usage for the realization of illicit purposes. Under this specific profile, therefore, it is clear the urgent need for the establishment of appropriate discipline of the phenomenon through legislation which, without affecting the rights and freedoms related to access to the internet, can prevent or suppress any activity distorted use of network and/or the sabotage of computer systems. The diffusion of technologies and tools, therefore, can identify different and contemporary forms of crime due to the fact that the world of crime immediately sensed the many possibilities offered by the network for illegal purposes, and to make use of IT tools in order to take actions against criminal. As for the European union, since the ‘90 EU institutions have begun to address the problem of cyber terrorism in key integrationist believing, rightly, that the Internet and its applications would affect more and more evidence on relations socio-economic and financial framework of the international community. The spread of cyber terrorism and the delineation of a new concept of digital war, within the EU, has led to the establishment of the famous ENFOPOL organization responsible to implement a system of control of the means of communication, drawn up at the European Council in Madrid 15 and 16 December 1995, and considered by many, rightly or wrongly, a sort of European Echelon, the global interception network created by the "007" of the USA, Britain, Canada, Australia and New Zealand. In 2004, confirming the fact that the rampant spread of the attacks of so-called cyber crime has made no longer put greater cooperation between Member States in order to protect the significant interests of the States for increasing use of information technology and safe, the European Union has established the ENISA, the Centre of Excellence Strategic and Operation of the European Union in the field of computer security. With this work, the Author analyzes the European legislation for new, contemporary forms of crime and “international insecurity” related to the use of the Internet. Nell’epoca della post-globalizzazione lo sviluppo e la diffusione delle tecnologie informatiche e telematiche e l’affermazione del diritto alla libertà informatica con le implicazioni positive ad esso connesse ha, tuttavia, prodotto anche risultati nefasti sotto il profilo della proliferazione di nuove forme di criminalità digitale e sotto il profilo dell’utilizzo della rete anche per la realizzazione di illecite finalità. Sotto tale specifico profilo, dunque, appare evidente l’urgente necessità di predisporre un’adeguata disciplina del fenomeno attraverso una legislazione che, senza incidere sui diritti e le libertà collegate all’accesso ad internet, possa prevenire o reprimere ogni attività di utilizzo distorto della rete e/o il sabotaggio dei sistemi informatici. La diffusione delle tecnologie e degli strumenti informatici, dunque, consente di individuare differenti e contemporary forms of crime in ragione del fatto che il mondo della criminalità ha intuito immediatamente le ampie possibilità offerte dalla rete per fini illeciti e per avvalersi degli strumenti informatici allo scopo di compiere azioni penalmente rilevanti. Per quanto riguarda l’Unione europea, fin dagli anni ‘90 le Istituzioni comunitarie hanno cominciato ad affrontare il problema del cyber terrorismo in chiave integrazionista ritenendo, a giusto titolo, che la rete internet e le sue applicazioni avrebbero inciso con sempre maggior evidenza sulle relazioni socio-economiche e finanziarie nell’ambito della Comunità internazionale. La diffusione del cyber terrorismo e il delineamento di un nuovo concetto di guerra digitale, in ambito UE, ha condotto alla istituzione di ENFOPOL la famosa organizzazione preposta ad attuare un sistema di controllo dei mezzi di comunicazione, elaborata in occasione del Consiglio europeo di Madrid del 15 e 16 dicembre 1995 e da molti ritenuta, a torto o a ragione, una sorta di Echelon europeo, la rete di intercettazione globale creata dagli “007” di USA, Gran Bretagna, Canada, Australia e Nuova Zelanda. Nel 2004, a conferma del fatto che la dilagante diffusione degli attacchi di cosiddetta cyber criminalità ha reso non più rinviabile una maggior cooperazione fra gli Stati membri ai fini della tutela dei rilevanti interessi degli Stati per un utilizzo sempre più diffuso e sicuro delle tecnologie informatiche, l’Unione europea ha istituito la ENISA, il Centro di Eccellenza Strategico ed Operativo dell’Unione europea nell’ambito della sicurezza informatica.

DEVELOPMENT OF CRIMINAL LEGAL REGULATIONS FOR CYBER CRIMES

Muhammad Ainun Najib Surahman, 2024

Cyber criminal law (cyberspace) in Indonesia has had its ups and downs and could be said to be late. Indonesia specifically only had regulations related to cyber crime in 2008 when the ITE Law was passed. At that time, all cyber activities began to be monitored, especially business transactions related to corruption scandals between officials and other stakeholders. The research method used in writing this journal is descriptive research. Descriptive means describing and describing something that is the object of research critically through qualitative analysis. Because what you want to study is within the scope of legal science, this research is normative-juridical research. This journal was prepared using the library research method which was carried out by reviewing various secondary data sources in the form of books, journals and other legal writings related to the research topic. The approach used is a statutory approach (statue approach) which examines a legal phenomenon based on applicable statutory regulations or positive law. The results of the discussion in this work are that the development of the ITE Law has experienced ups and downs since the Law was passed in 2008. The latest development is through the ratification of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Transactions. Electronic. Before Law 1/2024 was passed, regulations regarding electronic transactions were regulated in Law Number 19 of 2016. There are 19 articles and hundreds of paragraphs/points revised from previous provisions. There are several provisions that have been changed, namely Article 5, there are 5 paragraphs that have been updated, namely regarding the position of documents in the context of legal evidence, such as paragraph (1) which states that electronic information and/or electronic documents and/or printouts are valid legal evidence. This article confirms that electronic documents can be used as a judge's consideration in resolving a case related to cybercrime. Then in Article 13 there are 6 paragraphs which regulate electronic certification services to obtain electronic signatures. Strengthening the use of this service is in line with current developments which often use digital (electronic) signatures to save time.

The Information Society and the Emergence of New Crimes Committed in the Cyberspace

2017

It investigates the possibility of using videos of people mistreating animals spread in the internet in lawsuits, due to the development of the information society. The criminalization of animal cruelty constitutes an implicit recognition by criminal law of the intrinsic value of animals. As a result, it concludes that the available audiovisual material can be used in lawsuits, although it is necessary to carry out the expertise to assure the accuracy of the footage.

Cybercrime in international law

Because of the seriousness has been focused on the response of states and international organizations concluded on the international conventions and the regulations and instructions necessary to prevent them and hit them and hold those responsible accountable, the most important convention in Europe (Budapest) and the system of data protection, who issued it and the Arab convention for the protection of the data and the convention of the African to protect the data and finally the efforts of the United Nations set up the convention on the design of inclusive of all countries of the world. The research aims to answer the following questions. What is cybercrime, nature, characteristics, how to contribute to it & its type? What are the international efforts to confront cybercrime, Budapest agreement, the Arab agreement to combat information technology crime , the African agreement on cybersecurity and data protection ? What are the efforts of the United Nations to establish an international convention against cybercrime? Research method: Review the most important international conventions related to electronic crime and comparison among the basic concepts and types of electronic crime and their nature and access to concepts. This crime is still increasing and dangerous, uncontrolled, and the state alone cannot confront it because it is of a cross-border nature and difficult to document evidence. The best way to confront this crime is to conclude an international agreement under the auspices of the United Nations.

Digital Crimes and Our Society

Academia Letters, 2022

The Internet and the open World Wide Web have opened a new Digital environment that gives the ability for everyone to express their needs and feelings. Thoughts freely allow businesses, companies, corporations, and other institutions to establish a digital representation of their business online, letting the institution, such as Academic and health institutions, publish through network data and information that should be kept confidential. Therefore, the governments established regulations and laws to ensure that businesses create a secure network for this information and the people's privacy. With this freedom, there will be groups or individuals like any society working to break these rules for a reason like collecting information to steal money through identity theft, scams, or no reason. Governments or terrorist groups support some groups that commit these crimes; to achieve this ideology, groups, and individuals use the internet to commit their crimes; for many reasons. This paper will cover the topic of Digital Crimes and Digital Terrorism topic, as this topic is one of the dominant topics by nature that affect people's lives. With the huge expansion of social networking, freedom of speech, and the right to express personal ideas available in these social networking websites and applications, the risk of getting attacked is much higher. These networking websites give criminals a good ground to launch attacks or target people. Including social networking, hacking groups and terrorist groups use the internet to exchange thoughts, plan for targeting locations, and communicate.