I am starting a series titled „35 Cybercrimes in Polish Criminal Law.”
Computer crime and cybercrime are difficult to define unequivocally. It is generally accepted that the continuous technological progress complicates the adoption of a fixed definition of computer crime (A. Adamski).
Polish criminal law does not provide definitions for either computer crime or cybercrime. Such a definition can be found in the Polish Cybersecurity Policy adopted in 2013:
„Cybercrime is an act committed in the cyberspace.”
According to Interpol, computer crime includes acts directed against computer systems (vertical perspective) and acts committed using a computer as a tool (horizontal perspective).
The above lays the foundation for an attempt to systematize the most commonly committed cybercrimes from a legal perspective.
Here is the publication plan for individual posts in the series „35 Cybercrimes in Polish Criminal Law”:
- Illegal access to a system (hacking) – art. 267 § 1 Penal Code.
- Unauthorized access to all or part of an information system – art. 267 § 2 Penal Code.
- Violation of the confidentiality of communication (sniffing) – art. 267 § 3 Penal Code.
- Violation of data integrity (viruses, worms, Trojans) – art. 268 Penal Code and art. 268a Penal Code.
- Violation of system integrity (spamming, DDoS attacks, Ping flood, etc.) – art. 269 Penal Code.
- Computer sabotage (disturbing the computer system) – art. 269a Penal Code.
- Creation of hacking tools – art. 269b Penal Code.
- Destruction or deprivation of evidentiary value of an electronic document – art. 276 Penal Code.
- Illegal acquisition of computer programs – art. 278 Penal Code.
- Theft of telephone impulses – art. 285 Penal Code.
- Fraud (committed with the use of a computer) – art. 286 Penal Code.
- Computer fraud – art. 287 Penal Code.
- Sexual offenses against minors (grooming, etc.) – art. 200a Penal Code, art. 202 Penal Code.
- Offenses against honor, i.e., insult and defamation – art. 212 Penal Code, art. 216 Penal Code.
- Public promotion of fascist or other totalitarian regimes – art. 256 Penal Code.
- Cyberstalking – art. 190a Penal Code.
- Identity theft – art. 190a § 2 Penal Code.
- Wilful or negligent fencing (money mules in phishing) – art. 291 Penal Code and art. 292 Penal Code.
- Cyber espionage – art. 130 Penal Code.
- Violation of intellectual property rights – art. 115-123 of the Copyright and Related Rights Act.
- Cost manipulation – art. 271 Penal Code, art. 62 of the Fiscal Penal Code (k.k.s.).
- Offending religious feelings in cyberspace – art. 196 Penal Code.
- Sale of one’s own or someone else’s identity document in cyberspace – art. 274 Penal Code.
- Disseminating or publicly presenting content that may facilitate the commission of a terrorist-related crime, with the intention that such a crime will be committed – art. 255a Penal Code.
- Disclosure of classified information marked as „secret” or „top secret” – art. 265 Penal Code.
- Illegal disclosure of information obtained in connection with the performance of a function, job, public, social, economic, or scientific activity – art. 266 § 1 Penal Code.
- Disclosure of classified information marked as „restricted” or „confidential” by a public official – art. 266 § 2 Penal Code.
- Illegally distributing films, music, video games, and software
- Human and organ trafficking in cyberspace
- Trading licensed goods without proper documentation, including illegal goods (drugs and precursors for their production, weapons, explosives, and chemicals, protected animal species)
- Illegal trade in excise goods, including tobacco products
- Trading items originating from crimes and illegal turnover of national heritage goods
- Extortion and issuing criminal threats by organized criminal groups
- Illegal gambling in cyberspace
- Others
Tomorrow, the first post on hacking will be published. Stay tuned!
Date as of: October 13, 2020
Photo: www.pixabay.com
Cyberlaw by Judyta 