Article/news: EU draft-law on hacking

[Guus]

Original article at reuters.com

Finally, Europe is going to synchronise different laws on computer crimes, thus making the country-boundries that now hinder legal prosecution of foreign hackers a bit more transparent - which, imho, is a good thing. I found the article at reuters.com.

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EU to Clamp Down on Hacking, Internet Attacks

April 19, 2002 10:38 AM ET

By Marie-Louise Moller

BRUSSELS (Reuters) - Internet hackers and spreaders of computer viruses could face four years in jail under a draft "cybercrime" law adopted by the European Commission on Friday.

The European Union has pledged to clamp down on so-called cybercrime, aimed at destroying computer networks, which has caused billions of dollars in damage worldwide.

"Organized hacking groups specialized in hacking and defacement of Web sites are more and more active at worldwide level," the Commission said in the proposal obtained by Reuters.

"More serious attacks could lead not only to serious financial damage, but in some cases even to the loss of life," it added, referring to attacks on hospital and air-traffic control systems.

The draft law, to be officially unveiled by the Commission next Monday, seeks to harmonize existing national legislation in the 15-nation EU and would require backing from EU governments before coming into force.

It is also seen as an important part of the Union's fight against terrorism, because the proposal requires member states to set up an exchange of information on attacks against information systems.

"There have already been several recent occasions where tensions in international relations have led to a spate of attacks against information systems," the proposal said.

Hackers have sabotaged Israeli and Palestinian Web sites, for example, as well as U.S. administration Internet sites.

The proposal defines hacking as gaining unauthorized access to an information system with the intent to cause damage or for economic gain.

Among organized criminal hacking groups it named "the Brazilian Silver Lords and the Pakistan G-force, which try to extort money from their victims by offering them specialized assistance after hacking into their information systems."

The proposal also targets anyone who sends viruses such as the infamous "I love you" virus, which caused major information system breakdowns across the world in 2000. It also criminalizes sending other types of destructive software such as "logic bombs," "worms" and "Trojan horses."

If they approve the proposal, the 15 EU governments will have to introduce maximum prison sentences of at least one year for acts of cybercrime, and four years in cases that caused physical harm, large economic losses or gains, or that were committed by a member of an organized crime network.

[s0nIc]

wow.. max prison.. lol damn.. but isnt that unfair??

i mean.. what if the d00d was accused of cybercrime or was framed for cybercrime or somefin.. he'd end up havin dinner with Lektor Hannibal.. or in this case.. BE THE DINNER of Lektor Hannibal..

[Guus]

Serves them right. Go Hannibal, eat those scriptkiddies! Eat them all!

[ac1dsp3ctrum]

LOL, But poor 'ol Hannibal might get sick from all those scriptkiddies
We would want that, now would we? I say we give him little doses of kiddie and then trow like 20 of 'em in the cell with him

[Troy11277]

wow.. max prison.. lol damn.. but isnt that unfair??

i mean.. what if the d00d was accused of cybercrime or was framed for cybercrime or somefin.. he'd end up havin dinner with Lektor Hannibal.. or in this case.. BE THE DINNER of Lektor Hannibal..



what about the convicted murderer that was framed or the framed arsonist? You'll have those types of things all the time. But the people actually committing the crimes should be punished as harsh if not more harsh than this calls for. If a hacker is able to knock a company off the net and makes it lose 100's of thousands of dollars or more, how is that any different than them just stealing the money from the company? It's not....so burn em. **** em if they can't take a joke, right??

[preacherman481]

I think it's good to have some kind of laws against these type of things. But my only concern is the possibility for frame ups. How hard would it be to take over another person's computer and use it in a computer crime? Not very hard, is it? Is there a possibility innocent people could go to jail because their box was compromised and used in a crime?

[Guus]

Two things: first of all, the article does not state that every convicted criminal should receive a maximum sentence, it states that countries that wish to use this law have to create national laws themselves first, which state that the maximum punishment for computer crime should be (at least) one year. Think of it as a matter of compatibility: if the original laws of the different countries differ too much, one cannot have a single, general law.

Second: About the framing: Contrary to popular believe, we aren't all barbarians here. To be convicted for a crime, you have to be proven guilty first. So, if you introduce a new law, one should not consider the possibility that one gets framed - that's a matter of police research, and has nothing to do with the law itself. Read up on the idea of the three-way split of power (basically: Government, judges and police are three different, independent offices).