Computer Criminality Act III – Schipperen between security and privacy




The Cybercrime Act III, the successor to two previous laws, with the obvious names “Cybercrime Law” and “Law Computer Crime II. The first law in this series was launched in 1993 and added a number of new provisions to include the Code of Criminal Procedure and the Penal Code. The need for the law came as the result of “the continuing application of information technology.” The increasing role of the computer would require appropriate and effective regulation. To achieve this introduced some new powers and definitions, including the criminalization of ‘intrusion’.

The Cybercrime Act II followed in 2006 after a long parliamentary debate. There was already a proposal for a new law in 1999, but in other European developments made it necessary to revise the proposal substantially. One of these developments was the Cybercrime Treaty, which was signed in 2001 by the Netherlands. The Explanatory Memorandum refers to ‘information technologies that are developed further by storm “when it comes to the need for new legislation. In particular, would ‘new technologies that make it possible to link computers together’ again asking for new rules.

Cybercrime Photo: Bruno Cordioli, CC BY 2.0 resized

This Act introduced a number of new provisions, for example, denial of service attacks. So it was an offense to intentionally and unlawfully invade a computer system, even if it involves no security breach. Thus took place a broadening of the definition of ‘intrusion’. Under current legislation, also bleeding, record, disclose and misuse of computer criminal.

The objective of this background is to provide an overview of the main changes that the Bill on computer crime III entails. The emphasis is on both the existing and the new powers and the article is therefore not an exhaustive discussion of the bill, which is on December 22, 2015 at the House of Representatives filed.

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1. Introduction
2. Computerized
3. Existing powers
4. The bill

5. The bill (continued)
6. The need for new powers
7. Criticism and lock


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