2. Criminological approach to computing. |
2.1. Statistical sources: main national and international organisms, crimes.
2.2. Analysis of the main reports on cybersecurity.
2.3. Identification of the main technological resources used.
|
3. Cybersecurity breaches through criminal conduct. |
3.1. Definition: computing crimes and cybercrime.
3.2. The use of ICT to commit crimes and when ICT is the goal of the crime.
3.3. The Spanish Criminal Code, LO 10/1995, of 23 November, European Directive 2013/40/UE of the European Parliament and of the Council, of 12 August 2013, on attacks against information systems, Agreement on cybersecurity or Agreement of Budapest, of the Council of Europe, of 23 November 2001.
|
4. The main crimes that affect cybersecurity. |
4.1. Crimes of discovering and disclosing secrets (I). Frequent risks: ransomware and the theft of information.
4.2. Crimes of discovering and disclosing secrets (II). Access and interception. The access to files or computer, electronic or telematic media. Special attention to the manager of the files or media. The interception of transmissions of computing data. The use of malware (virus, spyware...).
4.3. Crimes of discovering and disclosing of secrets (III). Producing, purchasing, importing or facilitating programs to commit the crimes listed above, or computer passwords or access codes.
4.4. Crimes against privacy and an individual’s right to their own image: the undue use of cookies.
4.5. Crimes against property (I). Scams committed via computer. Producing, possessing or facilitating computer programs used for this purpose.
4.6. Crimes against property (II). Fraud using a third-party telecommunication signal. Use of telecommunication terminal without the owner’s consent.
4.7. Crimes against property (III). Damages to computing data, computing programs or electronic documents. Damages to computing systems. Damages to computing systems of a critical infrastructure (brief reference to the operators of critical infrastructure, to the operator’s security plans and to the of specific protection plans). Hindering or interrupting the functioning of a third-party computing system. Manufacturing, possessing or facilitating to third parties computing programs to be used for this purpose. Special reference to the criminal liability of legal persons.
4.8. Crimes against intellectual and industrial property. Through the provision of information society services or through an Internet access portal.
4.9. Crimes relating to the market and to consumers. Discovering company secrets through the use of ICT. Intelligible access to a radio or television broadcast, to remote interactive services via electronic channels.
4.10. Crimes against public faith: electronic lies.
|
6. Cyberterrorism. |
6.1. Concept.
6.2. Computing crimes carried out with the specific purpose of art. 573 of the Criminal Code.
6.3. Crime of collaborating with a terrorist group or organisation through the provision of technological services. |
8. Analysis of Spanish caselaw in relation to computing crimes. |
8.1. Special attention to the caselaw of the Supreme court.
8.2. Agreements of the non-jurisdictional plenary of the Second Chamber of the Supreme Court relating to computing crimes.
8.3. The Prosecution Service and the Prosecutor’s Office specialising in computer criminality.
|