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Criminalization of socially dangerous actions in high tech field

Date: January 16, 2004
Source: Computer Crime Research Center
By: Victor Sabadash

... of such an offence;
3. Damage to computer data or computer programs. The erasure, damaging, deterioration or suppression of computer data or computer programs without right;
4. Computer sabotage. The input, alteration erasure or suppression of computer data or computer programs, or other interference with computer systems, with the intent to hinder the functioning of a computer or a telecommunications system;
5. Unauthorized access. The access without right to a computer system or network by infringing security measures;
6. Unauthorized interception. The interception, made without right and by technical means, of communications to, from and within a computer system or network;
7. Unauthorized reproduction of a protected computer program. The reproduction, distribution or communication to the public without right of a computer program which is protected by law;
8. Unauthorized reproduction of a topography. The reproduction without right of a topography protected by law, of a semiconductor product, or the commercial exploitation or the importation for that purpose, done without right, of a topography or of a semiconductor product manufactured by using the topography."

The optional list contains the following conduct:
1. Alteration of computer data or computer programs. The alteration of computer data or computer programs without right;
2. Computer espionage. The acquisition by improper means or the disclosure, transfer or use of a trade or commercial secret without right or any other legal justification, with intent either to cause economic loss to the person entitled to the secret or to obtain an unlawful economic advantage for oneself or a third person;
3. Unauthorized use of a computer. The use of a computer system or network without right, that either: (i) is made with the acceptance of significant risk of loss being caused to the person entitled to use the system or harm to the system or its functioning, or (ii) is made with the intent to cause loss to the person entitled to use the system or harm to the system or its functioning, or (iii) causes loss to the person entitled to use the system or harm to the system or its functioning;
4. Unauthorized use of a protected computer program. The use without right of a computer program which is protected by law and which has been reproduced without right, with the intent, either to procure and unlawful economic gain for himself or for another person or to cause harm to the holder of the right."

Thus, present day level or criminalization of socially dangerous actions in high tech field doesn’t meet the requirements of real life. The reason of such phenomena may lie not only in insufficient research into a problem of computer criminality, but also in dual development in sphere of high technologies. In not too distant future we may forecast the further increase in computer crimes or criminal infringements in high tech field. Thus it is essential to:
- continue researches into problems of criminalization and decriminalization of socially dangerous actions in high tech field on purpose of creating theoretical basis for computer crime counteraction;
- reconsider components of crimes defined in Section 16 of the Criminal Code of Ukraine with view of international lawmaking experience. Here we can apply for minimum and optional lists of offences given above.
- reconsider statistical methods of computer criminality research, that undoubtedly may cause decrease in such crimes latency.
- continue international cooperation in field of computer crimes counteraction.

[1] V. Golubev, Investigating Computer crime, Monograph, Zaporozhye: University of Humanities “ZIGMU”, 2002.
[2] A. Koryagin, Computer and internet technologies crimes: urgency and problems of fighting with them. - http://www.crime-research.ru/library/Koragin.html
[3] A. Chernykh, Some questions of computer sabotage qualification in foreign countries, Soviet state and law, 1998, #8, p.72.
[4] V. Kuruschin, V. Minaev, Computer crimes and information security, Moscow: New Lawyer, 1998, p.96.



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