The Legal Regulation of Cyber Attacks

Modern societies are to a great extent dependent on computers and information systems, but there is a negative side to the use of information and communication technology - the rise of a new kind of criminality not traditionally addressed by the law. Technological developments and the changing nature of cybercrime itself force legislators to deal with new objects and redefine concepts. Taking into account legislative and case law developments, this book provides a thorough analysis of the legal regulation of attacks against information systems in European, international, and comparative law contexts. It covers legal issues not only pertaining to attacks arising in criminal law but also such crucial problems as the conflict of cybercrime investigation and prosecution with fundamental rights to privacy and freedom of expression.

The authors' in-depth response to doctrinal and practical issues related to the application of cybercrime regulation include such elements, issues, and aspects as the following:

- legal harmonization of cybercrime law;

- jurisdictional issues in the investigation and prosecution of cybercrime;

- prevention of cyber attacks;

- personal data and privacy implications;

- hacking of cell phones;

- enforcement and forensics in cybercrime law;

- states and legal persons as perpetrators of cybercrime;

- European Programme for Critical Infrastructure Protection;

- Cybercrime Convention of 2001;

- Directive 2013/40/EU;

- identity theft;

- the Snowden revelations and their lessons;

- principles, problems, and shortcomings of digital evidence;

- legal status of the IP address;

- the security and data breach notification as a compliance and transparency tool;

- profile and motivation of perpetrators of cyber attacks;

- cybercrime as a parallel economy; and

- use of crypto-currency as a means for blackmail operations.

Technical definitions, case law, and analysis of both substantive law and procedural law contribute to a comprehensive understanding of cybercrime regulation and its current evolution in practice.

Addressing a topic of growing importance in unprecedented detail, this book will be welcomed by professionals and authorities dealing with cybercrime, including lawyers, judges, academics, security professionals, information technology experts, and law enforcement agencies.