IPA UNED - Tema 2: Inglés Jurídico - Cybercrime

This Directive establishes minimum rules concerning the definition of [blank_start]_______________ ______________[blank_end] and [blank_start]____________[blank_end] in the area of attacks against information systems. It also aims to facilitate the prevention of such offences and to improve cooperation between [blank_start]____________[blank_end] and other competent authorities.

Article 3 Illegal access to information systems Member States shall take the necessary measures to ensure that, when committed intentionally, the access without right, to the whole or to any part of an information system, is [blank_start]____________[blank_end] as a criminal offence where committed by infringing a security measure, at least for cases which are not [blank_start]____________[blank_end].

Article 4 Illegal system interference Member States shall take the necessary measures to ensure that seriously [blank_start]______________________[blank_end] or interrupting the functioning of an information system by [blank_start]______________________[blank_end] computer data, by transmitting, damaging, [blank_start]______________________[blank_end], deteriorating, [blank_start]_____________________[blank_end] or suppressing such data, or by rendering such data [blank_start]____________________[blank_end], intentionally and without right, is punishable as a criminal offence, at least for cases which are not minor.

Article 6 Illegal interception Member States shall take the necessary measures to ensure that intercepting, by technical means, non-public transmissions of computer data to, from or [blank_start]_________________[blank_end] an information system, including electromagnetic [blank_start]_________________[blank_end] from an information system carrying such computer data, intentionally and without right, is punishable as a criminal offence, at least for cases which are not minor.

Article 7 Tools used for committing offences Member States shall take the necessary measures to ensure that the intentional production, sale, [blank_start]________________[blank_end] for use, import, distribution or [blank_start]_________________[blank_end] making available, of one of the following tools, without right and with the intention that it [blank_start]________________[blank_end] used to commit any of the offences referred to in Articles 3 to 6, is punishable as a criminal offence, at least for cases which are not minor: (a) a computer programme, designed or adapted primarily for the purposes of committing any of the offences referred to in Articles 3 to 6; (b) a computer password, [blank_start]_____________[blank_end] code, or similar data (…).

Article 9 Penalties 2. Member States shall take the necessary measures to ensure that the offences referred to in Articles 3 to 8 are punishable by effective, [blank_start]_________________[blank_end] and dissuasive criminal penalties.

4. Member States shall take the necessary measures to [blank_start]_____________[blank_end] that offences referred to in Articles 4 and 5 are punishable by a maximum [blank_start]_____________________[blank_end] of at least five years where: (a) they are committed within the framework of a criminal organisation, as defined in Framework Decision 2008/841/JHA, irrespective of the penalty provided for therein; (b) they cause [blank_start]___________________[blank_end] damage; or; (c) they are committed against a critical infrastructure information system.

5. Member States shall take the necessary measures to ensure that when the offences referred to in Articles 4 and 5 are committed by [blank_start]_____________[blank_end] the personal data of another person, with the aim of gaining the trust of a third party, thereby causing [blank_start]______________[blank_end] to the rightful identity owner, this may, in accordance with national law, be regarded as [blank_start]________________[blank_end] circumstances, unless those circumstances are already covered by another offence, punishable under national law.

Article 10 [blank_start]_________________[blank_end] of legal persons (…) 2. Member States shall take the necessary measures to ensure that legal [blank_start]_____________[blank_end] can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has allowed the commission, by a person under its authority, of any of the offences referred to in Articles 3 to 8 for the benefit of that legal person. 3. The liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against [blank_start]_____________[blank_end] persons who are perpetrators or [blank_start]_______________[blank_end] of, or [blank_start]_________[blank_end] to, any of the offences referred to in Articles 3 to 8.

Article 11 Sanctions against legal persons 1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 10(1) is punishable by effective, proportionate and [blank_start]________________[blank_end] sanctions, which shall include criminal or non-criminal fines and which may include other sanctions, such as: (a) exclusion from [blank_start]___________[blank_end] to public [blank_start]___________[blank_end] or aid; (b) temporary or permanent [blank_start]___________[blank_end] from the practice of commercial activities; (c) placing under judicial supervision; (d) judicial [blank_start]___________[blank_end]; (e) temporary or permanent [blank_start]___________[blank_end] of establishments which have been used for committing the offence.

Article 12 Jurisdiction (…) 2. When [blank_start]______________[blank_end] jurisdiction in accordance with point (a) of paragraph 1, a Member State shall ensure that it has jurisdiction where: (a) the offender commits the offence when physically present on its territory, whether or not the offence is against an information system [blank_start]_____________[blank_end] its territory; or (b) the offence is against an information system on its territory, whether or not the offender commits the offence when physically present on its territory. 3. A Member State shall inform the Commission where it decides to establish jurisdiction [blank_start]_____________[blank_end] an offence referred to in Articles 3 to 8 committed outside its territory, including where: (a) the offender has his or her [blank_start]______________[blank_end] residence in its territory; or (b) the offence is committed for the benefit of a legal person established in its territory.

The question of [blank_start]distribution[blank_end] (distribute) is an interesting issue unique to computer viruses. If one makes a virus available on the web, but clearly labels it as such so that people [blank_start]downloading[blank_end] (download) the file are aware of what they are getting into, can the [blank_start]distributor[blank_end] (distribution) be held [blank_start]accountable[blank_end] (account)? The consensus is that if the file is labelled then the person will probably not face [blank_start]criminal[blank_end] (crime) charges, although he or she may be sued for damages. The distributor could also [blank_start]potentially[blank_end] (potential) be charged under "[blank_start]incitement[blank_end]" (incite), for encouraging illegal behaviour. The distribution of viruses via newsgroups and e-mail lists is easier to prosecute because these media practically force viruses onto people who do not know what they are receiving. In addition, there are the [blank_start]unsuspecting[blank_end] (suspect, negative) victims who [blank_start]unknowingly[blank_end] (know, negative) distribute viruses. At this point is not illegal to ignorantly pass on a virus unless it can be proven that the virus was spread due to "[blank_start]carelessness[blank_end]" (care, negative). […] Although [blank_start]legislation[blank_end] (legislate) against computer viruses does exist, there is still much work to be done. In August of 2000 [blank_start]prosecutors[blank_end] (prosecute, plural) were forced to dismiss all charges against Onel de Guzman, a former computer college student accused of having released the "I Love You" virus that attacked email systems around the world and caused an [blank_start]estimated[blank_end] (estimate) $10 billion in damages. The reason for the [blank_start]dismissal[blank_end] (dismiss) of the charges was the lack of [blank_start]applicable[blank_end] (apply) legislation in the Philippine legal code. President Joseph Estrada immediately signed a law [blank_start]outlawing[blank_end] (law) most computer-related crimes, but the law could not be applied [blank_start]retroactively[blank_end] (retroactive) to the "Love Bug" author. Unfortunately, this is not an isolated incident.