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Cybercrime: new risks , new Challenges

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miriam guardiola

on 24 November 2016

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Transcript of Cybercrime: new risks , new Challenges

Content
CYBERCRIME
It is currently regulated in Spain in article 183 bis ( Criminal Code)

Grooming has been regulated in Spain since 2010.

Recently the age of sexual consent rose from 13 years to 16 years old in Spain, therefore protecting children from underage sex even further.

Legislation
Cybercrime: new risks , new challenges
Miriam Guardiola
3.SEXTING AND SEXTORSION
CHILD CROOMING
GROOMING is an offense by which an adult ( usually a sexual predator) contacts a minor with the purpose of making an appointment with clear sexual intention.


CYBERSTALKING
1. Introduction: The impact of new technologies
2. Cybercrime
3. Grooming
4.Sexting, sextorsion and revenge porn
5. Cyberstalking
6. Cyberbullying / happy slapping/dating violence
7. Phishing /ID Theft
8. Other Types of Cybercrime
9. New challenges
10. Conclusion
Types of cybercrime:
Sexting, sextorsion, revenge porn
Child Grooming
Cyberstalking
Cyberbullying
Phishing
ID Theft
Other types of cybercrime


1. The impact of new Technologies
New technologies open up to us a new world of questions and challenges in the legal field.

New risks have appeared: child grooming, sexting, cyberstalking, phishing, ID theft...

Advances are coming and they will affect our rights and liberties.




The crime of stalking is to harass, stalk or follow a person

In the case of cyberstalking, this harrassment must be done using ICT through the Internet, social networks, emails, whatsaap and other similar applications.

Computer crime, or cybercrime, is crime that involves a computer and a network.

The computer may have been used in the commission of a crime, or it may be the target.
In Spain even if the offense is not specifically cyberstalking, in practice more than 80% of cases of harassment will happen through new technologies
World Jurist Association. Barcelona 2016
In order to punish this crime it is necessary:
.-that the bullying is repeated and continuous
.-that the crime prevents the victim from leading a normal life
.-that the aggressor is not legitimately authorized to contact the victim

Legislation

In Spain stalking was regulated for the first time last year in article 172 ter Criminal Code
CYBERBULLYING
Cyberbullying is
harassment over
new technologies
( usually between
minors)
In order to punish this crime it is necessary

that it is psychological harassment ( not physical)

that it is repeated and continuous harassment

the harassment is carried out using ICT

between minors ( usually)

not to have sexual connotations

HAPPY SLAPPING

New forms or fashions of cyberbullying
Effects of cyberbullying and cyberstalking

The children suffer 24 hours a day, 7 days a week , 365 days a year
CONCLUSIONS

The impact of new technologies has brought with it a series of new crimes and has made the way in which existing crimes are committed that much worse.

These so called “ cybercrimes” are the natural and inevitable consequence of a continually changing society of which the law does not regulate.

The impact of the new technologies open up to us a new world of questions and challenges in the legal field.




These new cases of cybercrime have nothing but proven to us that we need to change the ways in which we deal with these crimes and we must stay up to date with offenders.

They overtake us very quickly in this sense and we are the ones that must be ahead of them from the start .

Should we be looking for a universal solution to this problem? Or is it something to consider on an individual and national scale?
The world is changing and therefore we must change with it.
Sexting is the sending of pictures or videos of sexual, erotic or pornographic nature
In order to punish this crime it is necessary:

1.- that the offender
releases
the images of the victim
to third parties

2.-That the content
threatens the privacy and integrity
of the victim

3.-That the evidence is obtained at a
place of residence or a private place
( not a public place)
Legislation

In Spain

Article 197.7 of Criminal Code
punishes who distributes, assigns or discloses to third parties intimate images without the consent of the victim

Other countries
SEXTORSION & REVENGE PORN
The sextorsion is the extorsion, blackmail or threat of spreading images or videos of erotic nature in exchange for a financial motive, private or emotional revenge
Thank you for your attention
Barcelona 2016.WJA CONGRESS

Miriam Guardiola
www.miriamguardiolaabogados.com
@miriamguard

It has been a pleasure
PHISHING

New risks, new challenges
Nowadays Internet is booming as more and more
people use online services.
Development in communication technologies have advanced
as never before in human history
.
We are building our lives around our wired and wireless networks, but,
do we know the risks?

1
.contact
: an adult approaches the child over the Internet , social networks, chats rooms, role play ...

2
.confidence
: the adult earns the child´s trust

3.
seduction
: the adult tries to seduce the child and tries to get child´s pictures or videos

4.
appointment
: the adult tries to meet with the child with a clear sexual intentions.
CHILD GROOMING PHASES
PHASES
1.CONTACT
2.CONFIDENCE
3.SEDUCTION
4.APPOINTMENT
24D 7W=365Y
Other effects
stress ,anxiety,fatigue
loss of self-esteem
insomnia,depression
changes in habits, changes in personality
eating disorder
SUICIDE
Examples of cyberbullying


sending threatening messages.insults,
humillations,indignities over social networks
hurtful comments, disseminations of false rumors on facebook, twitter, instagram, whatsaap, snapchat
ID THEFT
It is a crime involving ilegally using someone
else´s identity
It is the collection
of a persons private, confidential and sensitive data


OTHER TYPES OF CYBERCRIME
Botnet attack:
a hacker gains access to a group of computers and then uses them to carry out a variety of attacks on other computers
Cracking :
gaining access to a system by cracking a password
Pharming:
redirecting users from a legitimate site to a bogus one, information entered on the phony site is captured for fraudulent purposes
Smishing:
phishing using text messages rather than emails
Spoofing:
accessing a secure network by changing the remote computer´s IP address to that of a computer with special privileges.

NEW CHALLENGES
New attacks are advancing more quickly , we must anticipate how criminals could use these technologies.

Do we need a Universal " Cyber-law"?

Is an International "CyberCriminal Code" necessary?

Should we regulate new “Cyber-rights”?

It is possible or necessary to create an International "CyberCourt"?

How can we protect our children?

Are we ready to work together to defend them?
New technologies are here, living among us and have come to stay, but are we ready?

Our world has changed and we must change too.
DATING VIOLENCE
NEW FORM OF CYBERBULLYING BETWEEN YOUNG COUPLES
In order to punish this crime it is necessary
1.-that the offender is an adult and the victim is a minor

2.-that the adult contacts a minor over Internet, social networks ...

3.-that the adult contacts a minor with the purpose of making an appointment with clear sexual intention
Happy slapping
There is a damage to physical and psychological integrity of the child, because there is physical attack and after that the video of the bullying is posted and spread online
Dating violence is a new form of cyberbullying between young couples.
One partner controls the other partner using ICT, over Internet and social networks in a romantic relationship.
It can happen in straight or gay relationships. It can include verbal, emotional, physical, or sexual abuse, or a combination.

In practice, more than 70% cases of dating violence will happen through the Internet and social networks ( usually Facebook, Instagram, Twitter ...)

Relationship abuse
Intimate partner violence
Relationship violence
Dating abuse
Domestic abuse
Domestic violence
The impact of new technologies has brought with it a series of new crimes
It is not the strongest of the species that survives
...but the most adaptable"

MORPHING
BEFORE
AFTER
When you post online your images in Internet, you lose the control of them
The 8 most common cyberbullying tactics

1. gossip
2.cyberstalking
3.cyber threats
4.flaming
5.impersonation
6.harassment
7 exclusion from an online group
8 trickery
A person can take your photo, change it and post it online in a sexual context
Questions we all need to think about
Full transcript