Article | REF: H5340 V2

Internet and Cybercrime

Author: Nicolas MAGNIN

Publication date: April 10, 2016

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AUTHOR

  • Nicolas MAGNIN: Legal specialist in SSI - This article is an updated version of [H 5 340] entitled "Internet and cybercrime", published in 2012 and written by Nicolas MAGNIN.

 INTRODUCTION

Cyberattacks, massive attacks on infected computer servers, tens of thousands of bank details stolen, State X the victim of a cyberattack, DNS malware flaw, attack on the computer system of X's power plant... These revelations have now become a daily occurrence in the specialist media, and are becoming a recurring feature in the mainstream media.

What's more, different expressions are appearing to characterize each new type of attack: phishing, spamming, hacking and so on.

For a long time, information systems security was all about warding off criminal attacks. Today, new actors are taking up the threat of cyberspace: terrorists, mercenaries in the service of states, activists... All are now seeking to advance their causes and interests. And cyberspace has not been forgotten, nor spared.

For a long time, government agencies were confined to a role of monitoring, warning and intelligence gathering. Today, they are officially assigned a defensive role. This means that they must coordinate the actions of government services to implement their cyber defense. However, it is conceivable that, in the event of an attack on vital infrastructures with human consequences, a state could consider this an act of war, act accordingly and therefore retaliate. However, no state has yet revealed the official existence of a cyber counter-attack program.

Faced with these issues, the questions are: what laws? what attacks? what responses?

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