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A few cybercrime cases that could make us think...
30 noiembrie 2013 - București
Writing for over 10 years about Laws & Internet
Some minimal programming skills (from BASIC to HTML)
or Internet tools (including Gopher and Telnet :p)
Don't feesasssakjd the INTERNET !
Interested in digital civil rights (Executive Director ApTI,
member EDRi, supporter EFF)
Freedom of Expression
Open copyright (e.g. Creative Commons, Open data, Open
New law ?
Using a fork with an ATM is a crime
and is punished with 3 years
Art.42 – (1) The access, without right, to a
computer system is a crime and is punished
with imprisonment from 6 months to 3 years.
Accesul, fãrã drept, la un sistem informatic
constituie infractiune si se pedepseste cu
închisoare de la 3 luni la 3 ani sau cu amendã.
CoE Cybercrime convention
There will be considered a criminal offense
“when committed intentionally, the access to
the whole or any part of a computer system
For this crime it is not necessary to by-pass
Article 3 (...)when committed intentionally, the
access without right, to the whole or to any
part of an information system, is punishable as
a criminal offence where committed by
infringing a security measure, at least for
cases which are not minor.
"computer system" means any device or a
group of interconnected or related devices,
one or more of which, pursuant to a program,
performs automatic processing of data;
Current Romanian law
For the purpose of this title, a person acts without right in
the following situations:
a) is not authorised, in terms of the law or a contract;
b) exceeds the limits of the authorisation;
c) has no permission from the qualified person to give it,
according to the law, to use, administer or control a
computer system or to carry out scientific research in a
What is “without right”
"without right" means conduct referred to in
this Directive, including access, interference,
or interception, which is not authorised by the
owner or by another right holder of the system
or of part of it, or not permitted under national
What does access means?
"Access" comprises the entering of the whole or any
part of a computer system (hardware, components,
stored data of the system installed, directories, traffic
and content-related data). However, it does not include
the mere sending of an e-mail message or file to that
"Access" includes the entering of another computer
system, where it is connected via public
telecommunication networks, or to a computer system
on the same network, such as a LAN (local area
network) or Intranet within an organisation. The
method of communication (e.g. from a distance,
including via wireless links or at a close range) does
Unauthorized access – term used in US
Definitie Kerr - Acces
The user accesses a computer each time the
user sends a command to that computer,
command which is being executed.
Access is any successful interaction with the
Kerr, Orin S., "Cybercrime's Scope: Interpreting
'Access' and 'Authorization' in Computer Misuse
Statutes" . NYU Law Review, Vol. 78, No. 5, pp. 15961668, November 2003 Available at SSRN:
A user looks over the
should of another
A user accesses the
files in a network
Data breach at the Blueair website in 2006
Directly accessible via a link
Information published on several blogs:
Who owns it?
Who has the right to
Access to an IT system
A system administrator is hired by a company
as an technical administrator (for tax purposes)
In practice, he has access to all its IT systems
with a root access
Legally, there is no document which says the
rights of this person in relation to the IT system
One day the company decides to give up to his
services and acuses him of access without right
to its computer system
These are just a few cybercrime
cases that could make us think....
The definition of the illegal access to an
information system can be very large...
It is up to the law enforcement and judges to
make the distinction between real and fake
But a stupid criminal case is a hassle for
But it should be wiser...
To try change the law
Maybe it needs to be a crime only if security measures are is
Maybe we need to have a research exemption
Maybe it needs to be a crime only if there is a financial damage
involved (like in R. Moldova)
Maybe the computer system admins need to have obligations
(or be more responsible) as well in regards to keeping their
It can be done! But first we need to identify publicly the