Publication date: 06.06.2024
Criminal Liability for Crimes in the Field of Information Technology
Introduction
With the development of information technology (IT) and digital communications, the number of crimes related to the use of these technologies is growing. Cybercrime is a global threat that requires an adequate legal response. In this article, we will analyze criminal liability for crimes in the field of information technology in Ukraine, the main challenges and new approaches to combating such offenses.
Main Types of Cybercrime
Computer Crimes
- Hacking: Illegal access to computer systems, networks, and databases to steal, modify, or destroy information.
- Malicious software: Creating and distributing viruses, Trojans, spyware, and other malicious software.
Fraud on the Internet
- Phishing: Using fake websites or emails to steal personal information (passwords, credit card numbers, etc.).
- Online fraud: Selling non-existent goods or services over the Internet, stealing money by deception.
Intellectual Property Infringement
- Piracy: The illegal copying and distribution of software, music, movies, and other copyrighted material.
- Cybersquatting: The use of domain names that are similar to well-known trademarks to gain advantage or mislead users.
You may also be interested in the following articles: advice of a lawyer, legal advice, analysis of documents, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal advice, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.
Legislative Framework
The Criminal Code of Ukraine
- Article 361: Unlawful interference with the operation of electronic computers, automated systems, computer networks or telecommunication networks.
- Article 362: Unauthorized actions with information processed in electronic computers, automated systems, computer networks or telecommunication networks.
- Article 363: Violation of the rules of operation of automated electronic computing systems.
Law "On Protection of Information in Information and Telecommunication Systems"
This law establishes the legal framework for information protection in IT systems, defines the obligations of subjects of information relations and measures of liability for violation of information protection standards.
Practical Challenges
Technical Complexity
- High specialization: Investigating cybercrime requires a high level of technical knowledge and skills from law enforcement.
- Rapid development of technology: Constantly updating technology complicates the investigation process and requires regular training for investigators.
International Character
- Cross-border crimes: Many cybercrimes are international in nature, making them difficult to investigate and prosecute.
- Cooperation between countries: The need for effective international cooperation and coordination of law enforcement agencies from different countries to combat cybercrime.
