19. November 07
The Ministry of Justice has submitted a draft to the Government which specifies the necessary elements of a criminal offence in the case of attacks against computer systems and provides for severer punishments for such offences.
According to <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Markko Künnapu, an adviser with the Penal Law and Proceedings Division of the Ministry of Justice, the aim of the draft is to bring the current Penal Code into conformity with requirements arising from international law.
“For example, legislation does not provide for the liability of legal persons for computer-related criminal offences. Nor have preparations for computer-related criminal offences been penalised," Künnapu stated.
According to Künnapu, in addition to the current penalisation of the distribution of computer viruses the new draft also provides for liability for the distribution of spyware and malware.
“The draft also penalises preparations for computer-related criminal offences. This is the stage where a person either collects data or prepares programs for committing computer-related criminal offences," Künnapu explained.
In addition, the draft expands the definition of ‘act of terrorism’ by supplementing the list of acts of terrorism. Pursuant to the draft, acts of terrorism will also be deemed to include interference with data, hindering the operation of a computer system, as well as threats of committing such acts, if this is done, inter alia, for the purpose of forcing the public authority to perform or omit to perform a certain act, disturb the constitutional, economic or social organisation of the state or seriously intimidate the population.
“The number of computer-related criminal offences is growing on a continuous basis in Estonia and in the entire world and such offences are becoming more dangerous due to the increasing use of the Internet,” Künnapu stressed. “Therefore, the draft prescribes severer punishments for committing such criminal offences.”
The draft also provides for the liability of legal persons for computer-related criminal offences which is currently missing from legislation.
