Cybercrime and Cyberterrorism in Polish Law (original) (raw)

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Criminalizing Cybercrimes: Italian and Polish Experiences

Białostockie Studia Prawnicze / Bialystok Legal Studies, 2021

The rapidly advancing development of technology has both positive and negative eff ects on society and its members. Moreover, legislation can be slow to catch up with reality. This also applies to any reaction of society to new forms of social deviance. There is typically a delay in the introduction of legislation which tries to give a legal framework to new technological developments. The authors have taken an exploratory approach, analysing changes in Italian and Polish penal law relating to cybercrime that have occurred in Italy and Poland so far. The timeline, pace, and scope of the processes of criminalization are presented for each country. Even though both legislators had and have the same goal, diff erences in the approach to achieving it are visible. The conclusions may lead to changes in the penal policies of both countries.

Information Technology Terminology in Chapter XXXIII of the Polish Penal Code of 1997

2017

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...

Information security as exemplified by the crime of espionage in the Polish and Swedish criminal law

ROSICKI Remigiusz (2018), Information security as exemplified by the crime of espionage in the Polish and Swedish criminal law, "Studia Politologiczne", vol. 49, pp. 180-201., 2018

The objective scope of the analysis contained in the text concerns legal solutions to penalisation of the crime of espionage with regard to information security. As the main goal, the text performs an analysis of the crime of espionage in the Polish substantive penal regulations, including a comparative analysis of corresponding Swedish substantive penal regulations. In order to elaborate the research problem, the text addresses the following research questions: (1) To what degree do the legal solutions concerned with the penalisation of the crime of espionage provide effective prosecution and combating of this type of crime? (2) What changes in the scope of legal solutions penalising the acts of espionage can be proposed? While the analysis contained in the text is for the most part a dogmatic and doctrinal approach, a comparative interpretation (with regard to substantive penal regulations penalising the crime of espionage in Poland and Sweden), as well as teleological and functional interpretations (with a view to reinterpreting selected, established or debated doctrinal approaches) are also applied.

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.

Practical Aspects of Criminal and Law Characteristics of Cyber Crimes in Ukraine

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The article summarizes the theoretical generalization and solves the scientific problem, which consists in identifying the peculiarities of the criminal law qualification of crimes in the sphere of use of electronic computers (computers), systems and computer networks and telecommunication networks, and development based on it proposals for improvement of the current legislation. The general theoretical aspects of criminal legal qualification of crimes in the sphere of use of electronic computers (computers), systems and computer networks and telecommunication networks have been established. It is established that the criminal legal qualification of these crimes acts as an instrument of realization of lawfulness in criminal proceedings. The view was maintained that such a qualification is a qualitative reflection of the study of the circumstances in which a socially dangerous, unlawful, guilty, criminal act was committed.

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.

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Cyber Crime in terms of the Human Rights Perspective

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