Colombia, the first country to criminalize cybercrime (lapatria.com)

Jhon Jairo Martinez

HOMELAND | MANIZALES

When someone illegally appropriates confidential informationl which is stored in a computer, by email, on a mobile device or even a USB, is committing a crime that is punished in Colombia since 2009 Covered by the Act 1273, called "Protection information and data”·

Alexander Diaz Garcia, Judge second control guarantees Rovira (Tolima) and specialist in new technologies and data protection, ensures that Colombia is the first country to have such a clear law on this crime.

"In other parts of the information and data is protected, but the classic crime that can be covered economic wealth. The only thing is that they put the additional name tag or computer when committed through electronic means ", said the expert.

Diaz Garcia was in the workshops held this week in Manizales in the first ACK Security Conference, which ends today.

"Lo rare are the most attended workshops on lawyers, judges or people who need to know how the law works in these cases, even in our country because many do not know how to judge a crime of this nature ".

For expert not all offenses that are committed through a computer or an electronic device are computer, so here are some basic questions on how this law works in Colombia are presented.

What is a computer crime?

Is that where illegally steal personal information and data that are in a digital medium.

What is the difference between computer crime and crime classic made through electronic means?

Computer crime is conduct that violates the private information and data, while the classic computer crime is defined as the illegal accomplished through electronic means.

A threat via e-mail is a computer crime?

Not. If money is requested can be extortion electronically ago, but not a cyber crime. It's like the same threat was made by a note, a call, or any other means. That's not extortion computer, is a classic extortion where electronic means are used masificarla.

Is cybercrime enter a person's computer and extract information without your consent?

That itself is computer crime and a violation of personal data, so I would be tried under the Act 1273 of 2009.

What are the penalties for computer crimes Colombia?

The minimum sentence is four years in prison. Also, the law states that to whom impute this crime will not have the ability to modify the security measure, for that reason would not have benefits like house arrest.

What if someone sends emails from the account of other persons?

That is a crime, but is not necessarily computer. Computer data would be if they used the victim, but if only the email you used would likely be a classic crime known as violation of personal data.

Can a person commit a cyber crime without knowing?

Experts, ignorance of the rule does not exclude liability. The Colombian state presumes that all citizens know the rules and laws, therefore can be judged as criminal computer.

If parents open the email or social networks of their minor children, Would it be a crime?

If a child can not be considered, because parents do have the authority to access profiles and email accounts for their children, as it is a good exercise to control the contacts in the networks of minors.

In Colombia's economic penalty for cybercrime?

Computer crimes have the highest financial penalty of the Colombian Penal Code. The lowest economic penalty is 100 legal minimum monthly wage, near the 60 million pesos. The maximum can reach 600 million pesos, depending on the crime.

Does cybercrime is considered piracy?

This is a crime of violation of intellectual property, is not a cyber crime. This is a dare to be consumed illicit electronic media. There is no breach of information, because what you are protecting the moral and intellectual rights.

"In Colombia not know if it's lack of prosecutors or judges, but many computer crimes are being prosecuted as crimes classic, and locate the computer crime as a circumstance of aggravation that is used to increase the penalty ", Alexander Diaz Garcia, Judge second control guarantees.

The Law 1237 of 2009

These aspects are considered by law to prosecute cybercrime:

• *Access abusive to a computer system.

Which, without authorization or outside agreed, access across the part to a system

protected or computer with a safety.

• *Hindrance of illegal computer system the telecommunications networks.

Which, without being authorized to do, impedes or obstructs the functioning or normal access to a computer system, to computer data contained therein, or to a telecommunications network.

• *Interception of computer data.

Which, without a warrant, intercept computer data at source, destination or within a computer system, or electromagnetic emissions from a system

computer that transport.

• *Computer Damage.

Which, without being authorized to do, destroy, damage, delete, deteriorate, alter the suppressed Data, or an information processing system or logical parts or components.

• *Use of malicious software.

Who produces, tampers, acquire, distributed, sale, send, inserting or removing the

country malware or other computer programs.

• *Policy Violation.

The person with himself or herself or a third, for, compile, sustraiga, offer, sale, exchange, send, buy, intercepts, disclosed, modify or use personal codes, personal data contained in files, records, databases the media also similar.

• *Spoofing websites to capture personal data.

This offense is designed for those who, develop, tampers, sale, run, schedule or send electronic pages, links or pop.