Criminal Code changed in favor of hackers
December 01, 2011
The Council of the Federation adopted the third package of presidential amendments to the Criminal Code, in which the articles of chapter 28 “Computer crimes” were significantly edited.
According to experts, the old edition, adopted in 1996, has long been outdated. Thanks to the amendments, it will be possible to determine the composition of crimes, without which some types of cybercrime could not be prosecuted before.
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On the other hand, the new edition has a significant flaw in favor of hackers and cyber fraudsters. For example, in the article “Illegal access to computer information” such information is defined as “information [...] presented in the form of electrical signals, regardless of the means of storing, processing and transmitting them”. However, in this situation, there is uncertainty, because computer networks also use fiber, in which data is transmitted using light rather than electrical signals.
In addition, the concept of “harming computers and computer networks”, which previously fell under DDoS attacks, was removed from the Criminal Code. It is not always possible to judge for such attacks under the article “Creation, use and distribution of malicious computer programs”, since often cybercriminals do not create, but already buy botnets for buying attacks.
In the future, it is planned to amend Chapter 28 of the Criminal Code to eliminate all shortcomings.
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