Cybercrime: The appearance of this subject is warranted against rising crime committed through the Internet, affecting legal interests ranging from heritage and socio-economic order, sexual inviolability of minors and incompetents, privacy, intellectual property and industrial, etc. On this subject the phenomena that affect crime in the network, the impact of the complexity of the new forms of technology and data protection, and the need to generate effective responses, such as the confiscation will study, criminal responsibility of persons legal, and regulation of banking secrecy to discourage the commission of these crimes.
CYBERCRIME. CHALLENGES OF CRIMINAL LAW TO THE TICS
I. INTRODUCTION. POLITICAL CONSIDERATIONS CRIMINALS. DATA cybervictimization.
1. The Criminal Law in tow of new technologies: risk society. Increase in crimes of abstract danger. Deformalization. Expansion. Pedagogical profile.
2. Influence of Internet on criminal law.
3. Dark Side of development: new forms of criminality, use of computer networks to facilitate the commission of conventional crimes, macrovictimización, problems incrimination competition problems anonymity sense of impunity. Platform organized crime.
II. INTERNATIONAL LEGAL FRAMEWORK.
III. LEGAL ASSETS AFFECTED BY THE CYBER CRIME.
Privacy, honor, freedom, sexual freedom and indemnity, property, intellectual property, external and internal security of the state. Special reference to the criminal protection of privacy and heritage in relation to crime in cyberspace.
IV. COMMUNICATION TECHNOLOGIES. DATA PROTECTION AND RISKS TO THE COMMUNICATION TECHNOLOGIES.
1. Evolution of privacy: Theory of the spheres. Privacy and impact of new technologies: active right to self-determination linked to control. Telephony networks expansion. postindustrial society: Modern professional secrecy. The right to anonymity. The right to oblivion.
2. Crisis of the public. Invocation of self-regulations.
3. Criminalization of auditory and visual clandestine control illicit communication control signals: signal interception, conversations, violation password.
4. Special cases: Video cameras in public spaces. Eavesdropping. Hidden cameras and recordings in which the party is involved. inconsentida dissemination of intimate videos. Requirements judicially authorized tracks: jurisprudential analysis.
5. Data Protection: habeas data computer.
V. BLOCK AS PLATFORM FOR CYBER CRIME ORGANIZED CRIME.
1. Organized crime and criminal sociology: concept and characteristics. Typologies. Organizational structure. Corruption, globalization, sophistication. State-organized crime connection.
2. Rationale for specific criminal response to organized crime. Basis. Legally protected. Incentives collaboration with justice.
3. Legislative technique criminal. criminal types. insolvency problems.
4. Response alleging that the crime would not result provechoso¿: confiscation, money laundering, international agencies autonomous control of finances. Tax havens and secrecy jurisdictions.
VI. INFORMATION TECHNOLOGY. Illegal activities.
1. Crimes whose only means of commission is the Network: hacking, computer sabotage (cracking). Special reference to denial of service (Denial of Service).
2. Traditional Infractions using such networks as a tool: internet fraud (phishing), spoofing treatment, espionage (Spyware), attacks on intellectual property (Linking, Inlining, metatags, keywords), attacks on property very personal we made through Internet with or without ICT: cyberbullying, child grooming, sexting.
3. Attacks by the broadcast content: child pornography, cyberterrorism.
VII. ALLOCATION OF CRIMINAL LIABILITY TO INDIVIDUALS AND LEGAL FOR PUBLICATION OF CONTENTS CRIMINAL (CONTENT PROVIDERS, SERVICE PROVIDERS).
VIII. Prosecutability. Competition concerns.