The concept of cybercrime encompasses a variety of illicit acts that exploit computer technology, both hardware and software. These crimes can have different purposes, from commercial exploitation to targeting the national security systems of a country. Despite the first relevant law in Italy, Law No. 547/1993, being over two decades old, many of its provisions remain unclear and have been subject to subsequent amendments, including the adherence to the Budapest Convention on Cybercrime through Law No. 48/2008.
Definitions and Criminological Approaches
The Computer System in the Context of Crime
A “computer system”, according to the Budapest Convention, is defined as “any equipment or group of interconnected or related equipment, one or more of which, according to a program, perform automatic data processing”. This definition is broad and includes any electronic calculator capable of processing digital information.
Classification of Cybercrimes
Cybercrimes are divided into:
- Computer Fraud: Manipulative behaviors with fraudulent purposes.
- Computer Abuse: Improper uses of technology to gain advantages.
Other experts divide cybercrimes into:
- Properly Computer Crimes: They do not exist without the use of computer tools.
- Cybercrimes in a Broad Sense: Including cases that can also occur outside of cyberspace.
This classification, however, fails to capture the complexity and diversity of illicit behaviors that utilize technology.
Cybercrimes and Their Specificities
Role and Responsibility of the System Operator
The penal code identifies specific aggravating circumstances for crimes committed by system operators who abuse their qualifications. These individuals play a crucial role in monitoring or managing multi-user computer systems and can include programmers, system administrators, or analysts.
The Provider as a Key Figure
The Internet Service Provider (ISP) can be held responsible, at a civil level, only in case of violation of ordinary diligence principles. Jurisprudence has long debated the criminal responsibility of ISPs for illicit acts committed by their users.
“Possibly” Cybercrimes
Cases of Common Crimes
Some crimes, although commonly associated with the cyber context, do not require a technological means for their execution. These include frauds that can occur both online and offline, demonstrating that technology is just one of the ways to perpetrate the crime.
Specifically Cybercrimes
Conversely, there are crimes like identity fraud, which could not exist without the use of technology. These crimes occur when an individual exploits another’s personal data through technological means, often to gain unauthorized access to funds or information.
The realm of cybercrimes is vast and complex. Although Italian law, with the ratification of the Budapest Convention, is advanced, it requires continuous updates to keep pace with the evolution of technologies and criminal methodologies. A thorough and continually updated analysis is essential to effectively understand and counter these crimes.