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Re: Israeli Judge has Enlighted Outlook onHacking
From: Bart.Lansing () kohls com
Date: Tue, 2 Mar 2004 11:45:19 -0600






Mark's Link translates (roughly) as:

Harder approach computer criminality

2 March 2004

Minister Donner has a number of legal measures prepared through which a
harder approach of computer criminality possible becomes.  As become
computerkrakers further at ties gelegd.  This appeared from a bill of the
member of government that for advice to single authorities has been
steered, below which the Public Ministry and the Council for the
Jurisdiction.

The stricter legislation is a consequence of the Cybercrime Treaty that in
November 2001 has been closed computer criminality internationally on to
take.  That treaty has as target protection to offer against do wrong that
narrow agreements its with the existence of computer networks and
electronic information.  In the past decades is the risk increased that
global developed computer networks become uses punishable facts to
commit.,.  Also can prove by criminal behavior through these networks be
raised and transferred.  Therefore common international criminal
administration is necessary.  This administration consists not only of
reinforcement of the international cooperation, but also from the
realization of fitting legislation.

The netherlands satisfies already for a very large part at the requirements
of the Cybercrime Treaty.  The in consultation given bill rounds off the
implementatie off.  That lifted knit through the existing legislation from
to with single punishment definitions, and with the introduction of new
competences for the location.

From now on each becomes intentional and weather law body penetrate into in
a computer (system) punishable.  This means a widening of the present
punishable position of computer peace fracture, because now that yet
specific requirements before talks stolen be can be by punishable behavior.
As must for instance the protection of a computer have been cracked, a
technical intervention have been done or by a false identity want to be
made entry to get.  In the proposal of Donner its that specific
requirements no longer necessarily.  For guiltiness can the already
sufficient are as someone without permission (weather law body) a computer
(system) penetrates into information to get hold of that not for him meant
is.  The change is of interest for the approach of computerkrakers.

Also the one becomes punishable that intentional and weather law body the
entry till or the use of a computer system disturbs through it gegevens to
to steer.  It must go round serious forms of nuisance for the user.  As
exist programs (viruses) that the use of computer systems impossibly make
or considerably slow down.  Likewise serious forms of spam become be
disturbed punishable as through that communication positions of a system.

Minister Donner want further particular preparations trade of typical
computer criminal offence, as computer peace fracture and the unlawfully
tap of information, punishable put.  The concerned the sale, the making or
it on hand have of suitable 'technical aids' with which a computer criminal
offence committed becomes.  Besides is the furrow a condemnation crucial
that demonstrated becomes that conscious acted is, consequently with the
intention to a criminal offence to commit.  Under technical aids as well
the data bearers become understand (floppy's and cd's) as the gegevens
self.  An example of the last one is a computer program that a computer
system disorganize can.

Next to expansion of punishable position of single offences, contain the
bill also propose competences of justice and police on to fit.  Of
interest, the introduction of the so-called bevriezingsbevel is.  This puts
the officer of justice in state an internetprovider to order particular
gegevens temporarily available to hold' in expectation of a definitive
decision over the verse twich of the gegevens for the benefit of the
location.  Also the possible for computer offences temporary custody
becomes to claim and specific compulsion means (inbeslagname and tap)
closed to fit.

SHORT STORY:  Penetration without permission=Bad<<


Bart Lansing
Manager, Desktop Services
Kohl's IT


full-disclosure-admin () lists netsys com wrote on 03/02/2004 05:48:23 AM:

On Mon, 2004-03-01 at 22:26, Gregory A. Gilliss wrote:
http://www.theregister.co.uk/content/55/35938.html

I'm affraid the dutch minister of Justice has a different idea...
http://www.justitie.

nl/pers/persberichten/archief/archief_2004/020304Hardere_aanpak_computercriminaliteit.

asp

They want to make it illegal to own and/or use 'technical tools' that
can be used to 'break into systems'.... with a rather wide definition of
'breaking in'.

This way every Unix system (and windows) will be illegal... well done
mister Donner.

Mark



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