There is an enormous diversity of cybercrimes, more than the average user knows that affect almost any member of society from private companies, financial industry, users, government, minors, and so on. The list is almost endless, thanks to the cunning and ingenuity of the criminals and the incompetence of the victims, it is a vicious circle.
The governments of the world have begun to react to this wave of attacks which has taken on great relevance after the uncomfortable revelations of WikiLeaks and the positioning and media strength of the hacktivist group Anonymous.
Perhaps this is uncomfortable for many, but people related to the preservation of public order, both government and international authorities, judiciary and lawyers, have the difficult task of finding legal measures to curb this criminal trend in order to achieve adequate security in the information society.
One of the great and remarkable advances in this area was that of 2001 by the European Council with the Budapest Convention on cybercrime that covers all relevant aspects of legislation, such as criminal law, procedural law and international cooperation and deals as a priority with a criminal policy against cybercrime. It has also inspired other American countries such as the United States and Argentina to harmonize their local laws with this agreement.
One of the most recent phenomena that has society worried are the attacks of Denial of Services and Distributed Denial of Services, better known by their acronyms in English DoS and DDoS respectively that, although they are not new, have taken on a new personality championing political and philosophical ideologies, representing a serious risk for any government or private company.
In Mexico we have had our own version of these movements with "Operation Tequila" that achieved its main objective, to be heard and demonstrate that a group of ordinary users can demonstrate virtually defending their position.
Many people argue that as such the denial of service attack, by its translation into Spanish, is not a crime that is typified in criminal legislation, however in criminal legislation such as the Spanish Penal Code that was reformed on December 23, 2010, in its article 264 this attack is already penalized, as transcribed below:
"1. Anyone who, by any means, without authorization and in a serious manner, erases, damages, deteriorates, alters, deletes, or renders inaccessible data, computer programs or electronic documents of others, when the result produced is serious, shall be punished by imprisonment from six months to two years.
2. Anyone who, by any means, without being authorized and in a serious manner, hinders or interrupts the operation of a third party computer system, introducing, transmitting, damaging, deleting, deteriorating, altering, deleting or making inaccessible computer data, when the result produced is serious, shall be punished with imprisonment from six months to three years."
In short, to the discontent of many and for the peace of mind of others, criminal legislation at the international level will be transformed in such a way that they increasingly contemplate these illicit activities related to computer systems and, unfortunately, criminals will also become more sophisticated in their attacks in a kind of never-ending tale. However, our mission as auxiliaries of justice will always be to preserve the common good and public order, and prevent this cyberwar from spreading to the entire globe, although it may already be too late, we have the mission of curbing collateral damage.
Source: Netmediainfo
