Publication details
Trestní (ne)odpovědnost za DDoS útoky
| Title in English | Criminal (non)Liability for DDoS Attacks |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Article in Proceedings |
| Conference | Vliv nových technologií na trestní právo |
| MU Faculty or unit | |
| Citation | |
| web | Katalog MU |
| Keywords | DDoS Attack; Data; Cybercrime; Unauthorized Access; Convention on Cybercrime; Directive 2009/24/EC on the Legal Protection of Computer Programs |
| Description | The issue of cybercrime is - and will be - one of the main challenges of criminal law in the 21st century. The current aggression of the Russian Federation against the Ukraine offers a very wide area for reflection on the current possibilities of punishing DDoS attacks. This concerns both its institutionalized form (i.e. led by the attacked or aggressor in cyber warfare) or committed by individuals or various interest groups (e.g. Anonymous etc.). In particular, it was the calls of these groups, aimed at the citizens of individual states, to take part in the attack on the Russian or pro-Russian news websites, that led of the author of the article to the question whether such actions or following participation in DDoS or DoS attacks against the given websites, can be legally qualified as one of the criminal offenses under the law of the Czech Republic. Based on the analysis of the regulation contained in the Convention on Cybercrime and the Directive on Legal Protection of Computer Programs and their comparison with the regulation of the criminal offense of Unauthorized access to a computer system and information carrier according to § 230 of the Czech Penal Code, the author found, that the current Czech legislation offers a number of ambiguous questions. These concern the subordination of DDoS attacks to the body of abovementioned crime, although its wording should reflect the requirements of foresaid documents, which oblige member states to punish this type of cyber attack. At the end of his contribution, the author therefore offers a solution to the current state de lege lata, either the legal assessment of the DDoS attack as another criminal offense than under § 230 of the Czech Penal Code, or a change in the interpretation of selected elements of the body of such criminal offence used in the given provision, or possibly its amendment in the spirit of authors reservations. Last but not least, the author also considers the extent to which the House of Depusites Press No. 86/0, which aims to specify computer crimes in the current legislation, reflects his reservations. |