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EN
In the article the author studies and analyzes the general theoretical writings of experts in the field of criminal law, criminology and criminal executive law related to the study of determinants of property crime, and information and statistics in the sphere of the global Internet and computer and telecommunication devices. A classification of computers as communication tools for the achievement of the information society in terms of its global contemporary possibilities is presented. Appropriateconclusions are drawn. The Council of Europe Convention on Cybercrime of 23 November 2001, the legislation of Ukraine, Russian Federation and United States are analyzed. The questions of prevention of fraud, perpetrated with the use of computer networks, the issues of cyber security were discussed. Concrete proposals on how to eliminate conditions conducive to the commission of cyber fraud are made and ways of effectively countering fraud committed through computer and telecommunications devices and computer networks are proposed. The prerequisites for the birth and development of the World Wide Web are studied, and the dynamics of the growth in the number of users in the world, Europe, Asia, USA, Ukraine are analyzed. Conclusions about the credibility of statistics on the number of active users of computer and telecommunication networks are drawn, the way they are counted, factors affecting data corruption, along with consideration for their most effective use. The reasons for passivity, lack of effectiveness of the security structures of the private sector in the fight against criminal encroachments using computer networks and technologies are identified.
EN
Using information technology in crime investigations are attracting more and more scientific attention. Such technologies are often used by law enforcement authorities in combating cybercrime. The word cybercrime means using virtual space, i.e. cyberspace (it’s the author's opinion that it is an information space that is formed by using information and telecommunication systems during the interaction between people, the interaction of information and telecommunication systems and people management of these systems), for criminal activities. The methods for fighting such crimes in the process of special investigation activity should include not only standard techniques, but also the appropriate use of cyberspace.This trend is not only nationwide for Ukraine, after all, the world's methods of special investigative activity through cyberspace is constantly being improved. And this is not a coincidence. In this article the question of the special investigative actions through cyberspace in different states (Germany, Russian Federation, United Kingdom, United States of America, Ukraine) is probed. A difference between “special investigative actions” and “investigative actions” is exposed. Some ways in which the fight against cybercrime is carried out in different countries, are considered. A change in the legislation of Ukraine in relation to the use of cyberspace by law enforcement authorities is suggested.
EN
The article analyses the situation concerning the spread of cybercrime in Ukraine. Despite the low level of Internet usage, and that cybercrime is not an immediate threat to the average Ukrainian, Ukraine has become a place where, in the opinion of European experts, cybercrime long ago became a branch of business. The factors which caused such situation are disclosed. Computer crime, or cybercrime, is defined as the use of computer as an instrument to further illegal ends. The specific nature of cybercrime in Ukraine as well as characteristics of cyber criminals, including age and social status, are given in the article. It deals with the necessity to maintain legislation in order to fight cybercrime and the practical measures which were taken by the government such as forming the Department for Combating Cyber Crime in the structure of the MIA, creating the Interdepartmental Organized Crime Research Center etc. Also the new CC significantly toughened the punishment for committing cybercrimes. Thus, the fight against computer crimes as typical cross-border crime can be facilitated by the appropriate international and national legislative base, a range of organizational measures (including professional training) and special technical support.
EN
The Security Policy of the European Union is subject to constant change in response to the emergence of new formsof threat. Modifications of both a legislative and non‑legislativenature should as a matter of principle respond to new formsof the threat to security. It remains an open question, however, whether the new tools and mechanisms elaborated relate to itsinternal national dimension, or external within the context of the European Union. A response to this should be provided from withinthe treaty provisions. Clarifying the scope of the subject matter in relation to internal security will allow analysis of the significanceof structural changes. These considerations are the starting point to approximate the internal security threats associated with everfaster increase of crime in cyberspace. The activity of cybercriminals, which as regards methods, forms, scale of effects and territorialscope surpasses the previously recognized forms of crime, will thus require EU legislature and judiciary measures adequate to meetthe new security threats.
EN
Directives 2015/849 and 2018/843 on money laundering require continuous adaptations of the legal framework to respond to threats of the use of new technologies in money laundering. Directive 2018/843 extends the scope of Directive 2015/849 to ‘providers engaged in exchange services between virtual currencies and fiat currencies, as well as custodian wallet providers’. Undoubtedly, the new payment systems facilitate money launderers’ criminal activity. These systems are better than cash for moving large sums of money, non-face to face business relationships favour the use of straw buyers and false identities, the absence of credit risk, as there is usually a prepaid option, discourages service providers from obtaining complete and accurate customer information, and the nature of the trade and the speed of transactions make it difficult to control property or freezing. However, the development of technologies, including the Internet, has unquestionable advantages involved and even provides, through online resources, verification of identity or other duty of surveillance for the prevention of money laundering. In addition, the reform of June 22, 2010 introduced in Spain the criminal liability of legal persons and incorporated money laundering, together with other crimes, to this innovative model of criminal responsibility. Soon after, Organic Law 1/2015, of March 30, modified the hitherto barely applied regulation. In conclusion, the use of dummy corporations for money laundering is frequent, as is evidenced by the judgements of the Supreme Court of June 26, 2012 and February 4, 2015, but until recently the accessory consequences and the doctrine of piercing the corporate veil were sufficient.
EN
One effect of rapid technological progress in the field of processing and storage of information is crime committed withthe use of modern information and communication technologies. Some time ago a completely new area known as cyberspaceappeared within the rapidly evolving sphere of computing. Mankind with its knowledge or ignorance, together with motivation,is the primary source of threats in the era of the information society. Nowadays, in order to commit an offence one does notneed to leave one’s place of residence, it is enough to have a computer, a particular idea and access to the Internet. Knowledgeof masking and hiding on the Web greatly increases the chances of success and confounds the instruments of law enforcementand justice. Law and order, when disrupted by various types of crime, generate in society a sense of fear, injustice and lack of statecontrol. The article discusses the real threat of cyber‑terrorismand ways to use modern tools against state security, and in particularin relation to the safety of railway infrastructure. The authors are of the opinion that the primary element of staying safein cyberspace is the education of institutions responsible for the operation of the Web and ICT systems. Equally important maybe the adoption of permanent rules of law enforcement cooperation with private sector entities, such as internet service providers(ISPs) and administrators of sites, domains and websites relevant to the management of accounts, resources, and permissions.The article also notes that police actions may not be sufficient to effectively combat computer crime related to the threat to criticalinfrastructure systems if the entire society is not also involved in this fight.
7
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Money laundering and cybercrime

100%
Cybersecurity and Law
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2022
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vol. 8
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issue 2
160-165
EN
In order to be used legally, proceeds from criminal activity must be laundered first. One type of crime that can be linked to money laundering is cybercrime, which has to be fought with special tools allowing for operation in cyberspace. Money laundering, and the related financing of terrorism and organised crime, pose a major threat to state security and financial stability.
8
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Content available

Computer fraud

100%
Cybersecurity and Law
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2023
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vol. 10
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issue 2
183-194
EN
Computer fraud is one of the offences against property defined by the legislator. It is committed with the purpose of financial gain or with the intent of causing damage to another person. It may also be classified as cybercrime if information systems and networks are used, including where an information and communication (ICT) system is applied in connection with committing the offence. Computer fraud is also described in this paper from a statistical perspective based on data from annual reports concerning cybersecurity incidents recorded by CERT Poland.
EN
The article discusses selected aspects of international co-operation in combating selected types of cybercrime. The complex character of criminal activity besetting contemporary banking causes numerous difficulties and poses many challenges, such as detecting and apprehending perpetrators. Online banking crime constitutes a specific category, comprising cashless transactions and electronic data processing. The specific environment of online banking, where crime is committed, determines the nature of traces left by perpetrators; it also necessitates creation of new forensic methods based on modern technology. The more sophisticated the crime, the more difficult it is to identify the perpetrators. Therefore, international co-operation in combating cybercrime is essential.
EN
Knowledge-based, innovative and sustainable economy is key to a fast socio-economic growth. Criminal activities and especially activities of organized crime groups are an important negative factor that may hamper economic progress. Countering and fighting crime is one of the principal responsibilities of a democratic government. That demands a concentrated effort on working out evaluations, tools and methods as well as adopting a holistic approach, involving in the co-operation a whole spectre of entities. Of paramount importance is the inclusion of private businesses on the platform of the public-private partnership. Engaging private entrepreneurs to contribute and employ innovative technologies to prevent and counter criminal activity provide for raising public confidence and sense of safety. It may also make relations between the State and private business more transparent. Important areas of research related to the internal security issues are also: nuclear energy, responding to the terrorist threat and satisfaction from work among the Police force. The the research and development programme entitled “Countering and fighting organized crime and terrorism in the accelerated and sustainable socio-economic growth” adds to improving co-ordination, co-operation and understanding between the law enforcement, public authorities and the private sector to maintain public safety and the rule of law.
EN
The article presents interpretations of the concepts of cybersecurity and cybercrime as well as the abuse of the term cybernetic. The author refers to information as a new “centre of gravity” of the nation’s power and special attention is paid to activities aimed at ensuring a high level of information security in Poland. The assumptions of the draft Act on the national cybersecurity system are described and particular emphasis is placed on the issues of technical and organisational reporting and the handling of ICT security incidents. The author points out that handling incidents violating cyber security at a strategic level for a country ought to be considered as an intentional action of a definite and repeatable character. Here the reference to the ISO/IEC standards and recommendations can be found. Moreover, behaviours related to securing digital evidence after an incident, including the so-called good practice in relation to the reaction in the event of an incident, are presented. A simplified procedure for securing computer hardware, as a recommended method of action in case of the triage and live data forensics, are suggested in the article. The recommendations of the FORZA methodology and frameworks are also discussed. When summarising, the author underlines that it is essential to prepare appropriate procedures and personnel for the broadly understood handling of incidents violating cybersecurity. This includes protection of digital evidence according to the procedures, good practice and suggestions contained in normative documents, as well as implementing cybersecurity policy, bringing legislation into line with international standards and educating users and the judiciary.
EN
Capabilities of monitoring P2P networks for illegal content sharing have increased substantially with the databases containing illegal content information reaching their operational capacity. Easy data gathering and processing has become possible thanks to the employment of the hash function.. Unfortunately the law enforcement agencies and p2p users are locked up in a sort of an arms race. With the steady rise in monitoring capabilities grows the number of processed files stemming from the ever increasing popularity of the video recording equipment. At the same time vast majority of the existing systems do not allow for fast and effective transfer of monitored information. Identified illegal files added to a hash cache in Norway not necessarily find the way to a data bank in Portugal. With the amount of data growing exponentially international law enforcement community concurred on creating platforms to effectively collaborate and share information about the files containing illegal content. American company TLO devised a system supporting p2p networks monitoring and user identification procedures in the area of child pornography. The system is a set of extremely useful instruments that may dramatically enhance the effectiveness of child porn countering. Great recommendation of the system is its successful application by the law enforcement agencies in the USA, United Kingdom, Denmark, Norway and Sweden.
EN
The development of civilisation has created a new, previously unknown environment called cyberspace. The creationof this new environment determines activities for its protection. One of the most important changes in the contemporary securityenvironment is the emergence of cyberspace as a new field of activity of the state and citizens. This change means the state mustbe prepared for threats which it has not had to deal with before. In a globalised world, such actions must be taken togetherwith the international and European community. The article presents the contemporary descriptions of cyberspace, cyber security,cybercrime and the initiatives taken by the state — the Republic of Poland — in order to meet the challenges posed by the newthreats associated with them. It presents measures to identify these, prevent them and eliminate their consequences. It revealsthe actions taken by the highest authorities, central administrative bodies, state audit organisations, security formations, as wellas within the scientific and research environment. In particular, it focuses on the activities undertaken by the Internal SecurityAgency and the Police. A developed model of cooperation between authorities responsible for the security of cyberspace is presented.Also presented are the initiatives taken by the Polish police to counter ever growing and evolving cybercrime. These includecooperation with Interpol and Europol, not only in combating the phenomena, but also in the area of training. As a consequence,the article shows interdependencies arising in the area of cyber security, including activities of state institutions at the nationaland international levels.
EN
The fact that NATO has acknowledged cyberspace as the fifth dimension of combat operations indicates that this problem issue is really topical and is pointing at the direction from which the possible threat can be expected. However, the issues of information communication technology (ICT) security on the national level have been tackled in numerous countries for many years. Technological advancement has resulted in making communication, and at the same time services rendered in cyberspace, an international domain. Thus, the aspects of cyberspace threats should be considered through the international prism. The above-presented approach has become an incentive for the author to take up research on international activities in terms of cyberspace defence and reaction to the already identified as well as future threats.
EN
When virtual social relations and online interactions have increased in our age media also had a transformation. Social media is a phenomenon which came with wide usage of internet by modern society and individuals. On the one hand it has created opportunities for a more democratic way of communication, participation and dialogue between members of different socio-cultural groups, communities, friends and family members, colleagues, Etc.; on the other hand this new version of media has caused criminal risks, security gaps and vulnerabilities to contemporary threats varied from fraud to cyber-attacks, terrorism, identity theft, ransomwares and so on. Even “old types” of crimes in real life can begin from social media and virtual reality. All these problems are related to several subdisciplines of sociology: sociology of communication, sociology of crime, sociology of security are among them. In this paper we will analyze the topic though sociology of security’s prism. Also, we will discuss what can be the functionality of OPSEC as a measure, which has military background and widely used later on by civilian sectors including corporate security as well.
EN
This article deals with the importance of focusing seniors’ attention on cybercrime and cybersecurity. We should perceive cybersecurity as a key component of state security. Technological development has brought new forms of crime in this area. The people above 55 belong to the most vulnerable group in terms of cybersecurity threats and consequently they become a common target for cyber criminals. Prevention in this area is therefore of the utmost importance. Information and communication technologies make our lives easier. They speed up communication and information access and as well as access to various services on one hand. But in case of insufficient security, an increasing dependency of the public and private sector on these technologies is increasing the threat of a cybercrime. This makes cybersecurity one of the biggest challenges that need to be properly addressed by the state.
18
88%
Cybersecurity and Law
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2023
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vol. 10
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issue 2
167-182
EN
It is common to use terms like cybercrime and cybersecurity interchangeably. The distinction between the subject scope of both terms in the case of forensic science clearly indicates the direction of the tasks carried out in the areas of tactics and technology. In contrast to cybersecurity, the preventive function of forensic science is to create solutions that strengthen the resistance of information systems to actions that violate the confidentiality, integrity, accessibility, and authenticity of processed data or related services offered by these systems. Ensuring such resilience should be perceived in the context of the activities of entities performing public tasks with the use of cooperating IT devices and software by processing, storing, sending, and receiving data via telecommunications networks using a terminal device appropriate for a given type of telecommunications network.
PL
Niniejszy artykuł, przedstawia współczesne zagrożenia w cyberprzestrzeni. W dobie powszechnej informatyzacji posiadamy dostęp do Internetu i możemy swobodnie komunikować się ze wszystkimi na świecie za pomocą komunikatorów czy poczty elektronicznej, co powoduje, że możemy mieć dostęp do najbardziej aktualnych informacji. Internet stał się obszarem, gdzie można dokonywać również różnego rodzaju nadużyć. Korzystają z niego nie tylko przestępcy czy służby specjalne wielu państw, ale również terroryści. Terroryzm, w klasycznym rozumieniu jest formą protestu lub walki, których celem jest zwrócenia na siebie uwagi opinii publicznej bądź władz państwowych. Terroryści stosują narzędzia należące do zbioru nielegalnych metod, zakazanych przez prawo międzynarodowe i napiętnowanych przez międzynarodowe organizacje. Najnowszą formą działań terrorystów jest aktywność w cyberprzestrzeni. Celem cyberterrorystów, jest opanowanie najważniejszych sektorów, a następnie monopolizacja dostępu do informacji.
EN
This article provides information about contemporary threats to information security in cyberspace. In the age of universal computerization, worldwide Internet access we are freely to communicate with all the world via instant messengers or e-mail, what gives the access to the most current information. The Internet has become an area of various kinds of abuse. The Internet is used not only by criminals or secret services of many countries, but also terrorists. Terrorism in the traditional sense is a form of protest or struggle, aimed at the achievement of some objective and to attract attention of public opinion or the government. Terrorists use the tools belonging to the collection of illegal methods that are banned by international law and condemned by international organizations. The latest form of terrorist activity is cyberspace activity. Cyberterrorists aim to control the most important sectors and the monopolization of the information access.
EN
Subject of this study are issues relating to cybercrime. Starting point seems to be here the attempt to determine way of understanding of this concept. It allows to perform in the next step the dogmatic analysis of criminal law regulations relating to the main issue. Matters discussed in this paper are shown through the comparative legal prism. The aim of such an approach is to demonstrate and evaluate the extent of compliance some of Polish regulations and the acts of international law, which regard cybercrime. The latter in fact shall appoint certain criminal law standards in the field of protection of the information security.
PL
Przedmiotem niniejszego opracowania są zagadnienia dotyczące cyberprzestępczości. Punktem wyjścia uczyniono w nim próbę wyjaśnienia samego pojęcia cyberprzestępczości, które nasuwa wiele wątpliwości. Zaprezentowano w nim również zagadnienia związane z etiologią zjawiska oraz pewne aspekty wiktymologiczne. Takie podejście umożliwia przeprowadzenie w następnej kolejności analizy dogmatycznej regulacji prawnokarnych odnoszących się do zasadniczej problematyki poruszanej w tym opracowaniu. Jak sygnalizuje to jego tytuł, przedstawiono w nim regulacje międzynarodowe, które, jak zwykło się współcześnie uznawać, wyznaczają standardy w zakresie ochrony systemów informatycznych. Tym samym zagadnienia omawiane w artykule naukowym zostały ukazane przez pryzmat prawnoporównawczy. Celem takiego podejścia było przede wszystkim wykazanie stanu dostosowania polskich regulacji karnych do aktów prawa międzynarodowego i jego końcowa ocena.
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