Criminalization of Illegal Access to Computer Information
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Abstract
The main purpose of the article – to analyze legal problems related to the criminalisation of illegal access to computer information. The developments of cyberspace have given rise to an unprecedent economic and social changes, but they also have other side: the emergence of new forms of crimes. The present work deals with some legal regulation problems of illegal access to computer information, as one of the forms of computer crimes.
The importance of private, economic and political information, stored in or transmitted by computers, then required the extension of such a „formal sphere of secrecy“ at least to certain computer–stored data. The legal protection of specific computer–stored data can also be regarded as a new analogy in the information society to age–old notions of breaking, entering and trespassing. However, in most countries, a protection of this „formal sphere of secrecy“ against illegal access to computer–stored data and computer communication could not be guaranteed by traditional criminal provisions.
In the first part of the present work legal problems, related to the conception of illegal access to computer information are briefly discussed, also the foreign experience are studied.
In the second part the provisions of international (regional) documents related to illegal access to computer information are studied. A corresponding criminal offence would be desirable in accordance with existing international recommendations.
In the third part the foreign experience are studied. In response to the new cases of „hacking“, many states developed new statutes protecting a „formal sphere of secrecy“ for computer data by criminalising the illegal access to or use of a third person's computer or computer data. The new laws which have been enacted or proposed demonstrate various approaches, which range from provisions criminalising „mere“ access to computer systems, to those punishing access only in cases where the accessed data are protected by security measures, where the perpetrator has harmful intentions, where information is obtained, modified or damaged or where a minimum damage is caused. On the other hand, however, there are still some countries that do not have special criminal law provisions against hacking (i.e. the mere penetration into foreign computer systems).
In the fourth part the provisions of Criminal code of the Republic of Lithuania related to illegal access to computer information are studied.
At the end of the article the conclusions are presented.
The importance of private, economic and political information, stored in or transmitted by computers, then required the extension of such a „formal sphere of secrecy“ at least to certain computer–stored data. The legal protection of specific computer–stored data can also be regarded as a new analogy in the information society to age–old notions of breaking, entering and trespassing. However, in most countries, a protection of this „formal sphere of secrecy“ against illegal access to computer–stored data and computer communication could not be guaranteed by traditional criminal provisions.
In the first part of the present work legal problems, related to the conception of illegal access to computer information are briefly discussed, also the foreign experience are studied.
In the second part the provisions of international (regional) documents related to illegal access to computer information are studied. A corresponding criminal offence would be desirable in accordance with existing international recommendations.
In the third part the foreign experience are studied. In response to the new cases of „hacking“, many states developed new statutes protecting a „formal sphere of secrecy“ for computer data by criminalising the illegal access to or use of a third person's computer or computer data. The new laws which have been enacted or proposed demonstrate various approaches, which range from provisions criminalising „mere“ access to computer systems, to those punishing access only in cases where the accessed data are protected by security measures, where the perpetrator has harmful intentions, where information is obtained, modified or damaged or where a minimum damage is caused. On the other hand, however, there are still some countries that do not have special criminal law provisions against hacking (i.e. the mere penetration into foreign computer systems).
In the fourth part the provisions of Criminal code of the Republic of Lithuania related to illegal access to computer information are studied.
At the end of the article the conclusions are presented.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
