Computer Crime Research Center

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Computer crimes in CIS countries

Date: September 30, 2004
Source: Computer Crime Research Center
By: Vladimir Golubev

There’s no doubt that the problem of counteracting to computer crime and cyberterrorism is actual. Every year hundreds thousands of attempts of unauthorized interference with bank, military and corporate computer systems are registered all over the world.

Vladimir Golubev, Director of Computer Crime Research Center observes these problems in his interview to the “Hacker” magazine.

What computer crimes are investigated in the court most often?

According to Russian police, (a department on fighting high tech crimes) revealed 4995 crimes in the sphere of high technologies for the first 6 months of 2004, 7053 cases in 2003, 3782 cases in 2002, 1619 in 2001.
For the first half year of 2004, Russian Department "K" 4995 crimes in the sphere of high technologies. Chief of the Department "K" press center, colonel of police Eugene Yakimovich said. The main share of crimes relates to illegal access to information and using of malicious software. It was noted that officers of the department were quite successful in their struggle against crimes of such kind. In Russia, crimes prescribed by article 272 of the Criminal Code are committed most often. This article defines penalties for access to information without right. The Russian Police General Information Center states that 7053 cases were committed in 2003, it’s two times greater as compared to the previous year (3782).

According to the Information Technologies Department of the Ministry of Internal Affairs of Ukraine, 95 computer crimes were registered in 2004, 122 in 2003, 25 in 2002 and 7 in 2001. These crimes violated articles 176, 362, 363 of the Criminal Code of Ukraine. The most committed is the crime violating article 361 of the Criminal Code of Ukraine “Illegal interference with operation of computers, systems and networks”.

At that, more than 25% of these crimes somehow or other were related to software copyright violation. March 2003, law enforcement brought to court a case violating article 176, part 2 (selling CDs with pirate production). The estimated damage amounted about 200,000 UAH ($37,000).

According to the Ukrainian Antivirus Center, losses from virus attacks added up to 45m EURO for the first six months of 2004. As compared to the previous year, losses are up 30 per cent over the first half of 2003.

People of what age group are usually being accused?

According to police information, the analysis shows that 16% of malefactors who acted in the sphere of "computers" were young men aged between 18 and 25 years, 70% of them had high or incomplete high education. The main share of crimes relates to illegal access to information and using of malicious software. It was noted that officers of the department were quite successful in their struggle against crimes of such kind.

Researches conducted by Computer Crime Research Center show that 33% of perpetrators aged under 20, 54% aged between 20 and 40, 13% were older than 40 years old.

Men are 5 times more likely to commit computer crimes. The majority of criminals have higher or incomplete higher technical education (53,7%), along with 19,2% of those that have other higher or incomplete higher education. Lately, the number of women engaged in these crimes is increasing. It is concerned with women’s occupations related to workplaces equipped by automated computer systems, women’s oriented positions (secretary, accountant, economist, manager, cashier, inspector, etc).

What penalty is usually invoked?

In Russia these are the following sentences on computer crime related cases:

Article 272. Unauthorized access to computer information

1. Unauthorized access to law protected computer information in the electronic computers, their systems or networks or on the machine carriers resulted in erasing, blocking or copying computer information, disturbing the work of electronic computers, their systems or networks is punished with fine from two hundred to five hundred minimum wages, condemned person’s wages or another income within the term from two to five months, refinery works within the term from six months to one year, or imprisonment within up to two years.

2. The same action carried out by a group of persons in prior agreement or an organized group or a person abusing his official position and having equally an access to electronic computers, their systems or networks is punished with fine from five hundred to eight hundred minimum wages, condemned person’s wages or another income within the term from five to eight months, refinery works within the term from one to two years, arrest within the term from three to six months or imprisonment within up to five years.

Article 273. Production, use and spread of detrimental electronic computer programs

1. Production of electronic computer programs or introduction of changes into current programs resulted in erasing, blocking, modifying or copying information, disturbing the work of electronic computers, their systems or networks and use or spread of these programs are punished with imprisonment within up to three years with fine from two hundred to five hundred minimum wages or condemned person’s wages or another income within the term from two to five months.

2. The same actions entailed serious consequences through imprudence are punished with imprisonment within the term from three to seven years.

Article 274. Violation of electronic computer, system or network operating rules

1. Violation of electronic computer, system or network operating rules on the part of a person having an access to electronic computers, their systems or networks resulted in erasing, blocking or modifying law protested information and caused a considerable damage is punished with denial of particular position or activity privileges within up to five years, obligatory works within the term from one hundred and eighty to two hundred hours or freedom limitation within up to two years.

2. The same action entailed serious consequences through imprudence is punished with imprisonment within up to four years.

In Ukraine:

Section XVI. Crimes committed by using electronic computers, their systems or networks

Article 36. Illegal interference with the work of electronic computers, their systems or networks

1. Illegal interference with the work of automated electronic computers, their systems or networks resulted in distorting, erasing computer information or destroying its carriers, as well as spreading computer viruses by using software and hardware designed for illegal penetration into these machines, systems or networks and capable of distorting, erasing computer information or destroying its carriers are punished with fine up to seventy people’s free of tax minimum incomes or refinery works within up to two years, or freedom limitation within the same term.

2. The same actions caused considerable damage, performed again or by a group of persons in prior agreement are punished with freedom limitation within up to five years or imprisonment within the same term

Article 362. Theft, misappropriation, extortion of computer information or its capture by swindling or abusing official position

1. Theft, misappropriation, extortion of computer information or its capture by swindling or abusing official position are punished with fine from fifty to two hundred people’s free of tax minimum incomes or refinery works within up to two years.

2. The same actions performed again or by a group of persons in prior agreement are punished with fine from one hundred to four hundred people’s free of tax minimum incomes, freedom limitation within up to three years or imprisonment within the same term.

3. Actions provided by Parts 1 or 2 and caused considerable damage are punished with imprisonment within the term from two to five years.

Article 363. Violation of automated electronic computer operating rules

1.Violation of automated electronic computer, system or network operating rules on the part of a person answering for their operation resulted in stealing, distorting, erasing computer information or destroying its protecting means, or copying illegally computer data, disturbing considerably the work of these machines, their systems or networks is punished with fine up to fifty people’s free of tax minimum incomes or denial of particular position or activity privileges within up to five years, or refinery works within up to two years.

2. The same action inflicted considerable damage is punished with fine up to one hundred people’s free of tax minimum incomes, refinery works within two years or freedom limitation within up to five years with denial of particular position or activity privileges within up to three years or without it.

What share of prosecuted criminals turns to be imprisoned?

By unofficial expert estimations, about 30% of criminal cases are brought to court and only 10-15% of criminals are jailed. The majority of cases are re-classified or closed due to the lack of evidence.

What is the real state of affairs in CIS countries?

The real state of affairs is rather from field of fiction. Computer crimes are crimes of high latency character. As regards governmental statistics, according to Economic Crime Unit of the Ministry of Internal Affairs of Ukraine official statistics for 4 months of 2001 year, 7 crimes, in 2002...


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