Hackers – Vandals – Spies – Unfaithful Collaborators

Classification

The distinction between the various categories of subjects that undermine the correct functioning of economic processes based on the free competition of businesses helps us to classify subjects present in the economic and entrepreneurial fabric.
We often hear about hackers rather than spies and more and more often about unfaithful collaborators or computer vandals.

Why do we need to have a clear awareness of which individuals operate on unethical principles?

Because through a knowledge of illicit and illegal phenomena, companies can put in place a series of controls and investigative tools and make use of adequate regulations.

Definitions and classifications with reference to the Criminal Code

Hacker

The behavior of hackers is generally attributable to the behavior regulated by art. 615ter and 615quater Criminal Code, which punish respectively:
– (615ter) “anyone who illegally enters a computer or telecommunications system protected by security measures or remains there against the express or tacit will of those who have the right to exclude it”
– (615quater) “whoever, in order to procure a profit for himself or others or to cause damage to others, illegally procures, reproduces, disseminates, communicates or delivers codes, keywords or other means suitable for accessing a IT or telematic system, protected by security measures, or in any case provides indications or instructions suitable for the aforementioned purpose “.

Vandals

The crimes of computer vandalism are regulated, in addition to the aforementioned art. 615ter, also of articles 615quinquies, 635bis, 635ter, 635quater and 635quinquies of the criminal code, which punish, respectively:
– (615quinquies) “anyone, for the purpose of unlawfully damaging a computer or telematic system, the information, data or programs contained therein or pertinent to it or to favor the total or partial interruption or alteration of its functioning , procures, produces, reproduces, imports, disseminates, communicates, delivers or, in any case, makes available to other equipment, devices or computer programs ”
– (635bis) “anyone who destroys, damages, deletes, alters or suppresses information, data or computer programs of others”
– (635ter) “anyone who commits an act aimed at destroying, deleting, deleting, altering or suppressing information, data or programs used by the State or other public body or pertinent to them, or in any case of public utility”
– (635quater) “anyone, through the conduct referred to in art. 635bis, or through the introduction or transmission of data, information or programs, destroys, damages, renders computer or telematic systems of others useless or seriously hinders their operation ”
– (635quinquies) “if the fact referred to in art. 635quater is aimed at destroying, damaging, making all or part of computer or telematic systems of public utility unusable or seriously hindering their functioning “.

Spies

The case of espionage carried out through unauthorized access to information relating to an IT or telematic system is regulated, as regards the IT aspects, by the rules of the criminal code which punish:
– (616) “anyone who becomes aware of the content of a closed correspondence, not directed to him, or subtracts or distracts, in order to acquire or make others aware of it, a closed or open correspondence, not directed to him, or, in whole or in part, it destroys or suppresses it ”
– (617quater) “anyone who fraudulently intercepts communications relating to a computer or telecommunication system or between multiple systems, or prevents or interrupts them”
– (617quinquies) “anyone, outside the cases permitted by law, installs equipment designed to intercept, prevent or interrupt communications relating to a computer or telecommunications system or between several systems”
– (617sexies) “whoever, in order to procure an advantage for himself or others or to cause damage to others, falsely forms or alters or suppresses, in whole or in part, the content, even occasionally intercepted, of any of the communications relating to an IT or telematic system or between multiple systems “(621)” whoever, having unlawfully gained knowledge of the content, which must remain secret, of other acts or documents, public or private, not constituting correspondence, discloses it, without just cause, or use it for his own or others’ profit “.

Unfaithful collaborators

The types of behavior of an unfaithful collaborator can include spying, vandalism, harm and fraud; these last two points are regulated by art. 392 and 640ter of the penal code which punish:
– (392) “anyone, in order to exercise an alleged right, being able to resort to judge, arbitrarily makes himself right, by means of violence against things […]. There is also violence against things when a computer program is altered, modified or canceled in whole or in part or the functioning of a computer or telematic system is prevented or disturbed ”
– (640ter) “whoever, altering in any way the functioning of an IT or telematic system or intervening without right in any way on data, information or programs contained in a computer or telematic system or pertinent to it, procures for himself or others an unfair profit with others damage “.

What tools to use to counter these subjects?

Firstly you can be used is the Defensive Investigations based on Law 397 of 2000. This weapon available to companies, allows the definition of an analytical framework of the phenomena that have occurred to the detriment of the company.
Secondly, generally used after the use of the first, this allows us to manage the previous cases within the scope of criminal law by framing the perpetrators of the commission of crimes and making use of the penalties provided for by the current system.