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Cyberterrorism - Convention on Budapest

Q: What is the most important legal instrument in cyber criminality?

The Convention of Budapest (2001), which has been signed also from non Eu States (USA, Japan). Its purpose is the harmonization of criminal law between countries. The Convention don’t have a specific norm that criminalizes ransomware.

Q: What does Art. 5 (system interference) of the Convention of Budapest state?

Art. 5 (system interference) : serious hindering without right of the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing 4 computer data. NB: adding data in the key to apply this art. This art. contains the behaviour of art. 4 but it adds this behaviour.

Q: What does Art. 6 (misuses of devices) of the Convention of Budapest state?

Art. 6 (misuses of devices) : production, sale, import, distribution or otherwise making available of device, password, access code, or similar data, for the purpose of committing any of the offences established in accordance with art. 2-5.

Q: What does Art. 7 (computer-related forgery) of the Convention of Budapest state?

Art. 7 (computer-related forgery) : input, alteration, deletion, or suppression of computer data, and replacing it with inauthentic ones, with the intent that it be considered as if it were authentic

Q: What does Art. 8 (computer-related fraud) of the Convention of Budapest state?

Art. 8 (Computer-related fraud) : loss of property to another person by any interference with the functioning of a computer system, with intent of procuring an economic benefit.

Q: What does the first Modus Operandi of Ransomware, Infection, mean?

Infection: ransomware often enters a victim's system through phishing emails, malicious attachments, infected downloads, or vulnerabilities in software. Once the ransomware is executed on the victim's system, it begins to encrypt files. The infection is mostly done by the victim himself. In this phase we can apply art. 7 , when the victim installs itself the ransomware, (opening a fishing email) or art. 2 when there is an illegal access

Q: What does the seco nd Modus Operandi of Ransomware, File encryption, mean?

File encryption: the ransomware encrypts the victim's files using encryption algorithms, making the files inaccessible, we can apply art. 4 or 5. Difference: art. 5 includes what is said in art. 4 plus add the hindering the function of a computer system. If the victim is not able to use to PC we will apply art 5 BUT if the PC is usable, because the attacks goes only to a specific part, than we’ll apply art. 4

13 important questions on Cyberterrorism - Convention on Budapest

What is the most important legal instrument in cyber criminality?

The Convention of Budapest (2001), which has been signed also from non Eu States (USA, Japan). Its purpose is the harmonization of criminal law between countries. The Convention don’t have a specific norm that criminalizes ransomware.

What does Art. 2 (illegal access) of the Convention of Budapest state?

Art. 2 (illegal access): access to a computer system without right, by infringing security measures, with dishonest intent .

What does Art. 4 (data interference) of the Convention of Budapest state?

Art. 4 (data interference): damaging, deletion, deterioration, alteration or suppression of computer data without right.

What does Art. 5 (system interference) of the Convention of Budapest state?

Art. 5 (system interference): serious hindering without right of the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing 4 computer data. NB: adding data in the key to apply this art. This art. contains the behaviour of art. 4 but it adds this behaviour.

What does Art. 6 (misuses of devices) of the Convention of Budapest state?

Art. 6 (misuses of devices): production, sale, import, distribution or otherwise making available of device, password, access code, or similar data, for the purpose of committing any of the offences established in accordance with art. 2-5.

What does Art. 7 (computer-related forgery) of the Convention of Budapest state?

Art. 7 (computer-related forgery): input, alteration, deletion, or suppression of computer data, and replacing it with inauthentic ones, with the intent that it be considered as if it were authentic

What does Art. 8 (computer-related fraud) of the Convention of Budapest state?

Art. 8 (Computer-related fraud): loss of property to another person by any interference with the functioning of a computer system, with intent of procuring an economic benefit.

What are the five Modus Operandi of ransomware?

1. Infection
2. File encryption
3. Ransom note
4. Payment
5. Decryption key

For the phase 3 and 4 there is no applicable norm from the Convention of Budapest, because this acts can be classified as a normal case of extortion, ruled by criminal law code, since it isn’t a specific cybercrime.

Creation of ransomware is connected to art. 6 (misuse of devices). This art. can also be related to art. 2 (illegal access), if the ransom uses the password and username to enter in the system and install the ransomware.

What does the first Modus Operandi of Ransomware, Infection, mean?

Infection: ransomware often enters a victim's system through phishing emails, malicious attachments, infected downloads, or vulnerabilities in software. Once the ransomware is executed on the victim's system, it begins to encrypt files. The infection is mostly done by the victim himself. In this phase we can apply art. 7, when the victim installs itself the ransomware, (opening a fishing email) or art. 2 when there is an illegal access

What does the second Modus Operandi of Ransomware, File encryption, mean?

File encryption: the ransomware encrypts the victim's files using encryption algorithms, making the files inaccessible, we can apply art. 4 or 5.

Difference: art. 5 includes what is said in art. 4 plus add the hindering the function of a computer system. If the victim is not able to use to PC we will apply art 5 BUT if the PC is usable, because the attacks goes only to a specific part, than we’ll apply art. 4

What does the third Modus Operandi of Ransomware, Ransom note, mean?

Ransom note: the ransom note informs the victim that their files are encrypted and provides instructions on how to pay to receive the decryption key. The note often includes a timer, creating a sense of urgency.

What does the fourth Modus Operandi of Ransomware, Payment, mean?

Payment: the attackers typically demand payment in cryptocurrency, to make it difficult to trace the transaction

What does the fifth Modus Operandi of Ransomware, Decryption key, mean?

Decryption key: once the ransom is paid, the attackers are supposed to provide the victim with the decryption key to unlock their files

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Cyberterrorism - Convention on Budapest

13 important questions on Cyberterrorism - Convention on Budapest

What is the most important legal instrument in cyber criminality?

What does Art. 2 (illegal access) of the Convention of Budapest state?

What does Art. 4 (data interference) of the Convention of Budapest state?

What does Art. 5 (system interference) of the Convention of Budapest state?

What does Art. 6 (misuses of devices) of the Convention of Budapest state?

What does Art. 7 (computer-related forgery) of the Convention of Budapest state?

What does Art. 8 (computer-related fraud) of the Convention of Budapest state?

What are the five Modus Operandi of ransomware?

What does the first Modus Operandi of Ransomware, Infection, mean?

What does the second Modus Operandi of Ransomware, File encryption, mean?

What does the third Modus Operandi of Ransomware, Ransom note, mean?

What does the fourth Modus Operandi of Ransomware, Payment, mean?

What does the fifth Modus Operandi of Ransomware, Decryption key, mean?

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