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Cyber crime ​

Types of computer crime: ​

  1. Computer as a motive for criminal behavior.
  2. Computer as an instrument for criminal behavior.
  3. Computer as a target of criminal behavior.

Combinations of the types are possible:

  • DDoS attack (2)
  • Against a server of a opponent (3)
  • In response to an online gaming conflict (1)

International Treaty on Cybercrime ​

Convention on Cybercrime:

  • binding international instrument on cybercrime
  • guideline for any country developing comprehensive national legislation against cybercrime.
  • framework for international cooperation between state parties to this treaty.
  • Treaty open for signature since 2001.
  • 65 ratifications worldwide.

European Directive ​

  • Substantive Law (what is prohibited)

    • Illegal access to information systems
    • Illegal system interference.
    • Illegal data interference.
    • Illegal Interception
    • Illegal Tools.
    • Illegal Incitement, aiding and abetting and attempt.

  • Procedural Law (how to enforce it)

    • Penalities for natural persons
    • Liability of legal persons
    • Jurisdiction and international cooperation.

Classifications of Law ​

Criminal Law ​

  • An injury to the public.
  • Prosecuted by the govt.
  • Attorney provided if defendant cannot afford one.
  • Burden of proof is beyond a reasonable doubt.
  • Conviction may result in civil disabilities or loss of liberty.
  • Penalties Potentially include Loss of liberty.

Civil Law ​

  • An private injury or wrong.
  • Plaintiff sues defendant.
  • Parties must provide their own attorneys.
  • Burden of proof is preponderant of the evidence.
  • No civil disabilities or loss of liberty.
  • Penalties are typically monetary.

Nulla Poena Sine Lege ​

Nulla Poena Sine Lege

from latin no punishment without law, is a legal principle that states that one cannot be punished for doing something that is not prohibited by law.

First there were no laws that applied to computers and the internet. So what governments did is that they extended existing laws to apply and they also created brand new laws.

Examples of new laws created for new crimes:

  • Trespassing
  • Sabotage
  • Destruction

Negligence

According to Section 350 A person that causes serious damage to data through negligence may be liable for fines and or imprisonment.