Minimum prison sentences shall be required against cybercriminals perpetrating attacks on information systems within the European Union.
The European countries have until September 4th, 2015 to transpose into their national law the provisions of the European Directive No. 2013/40/UE of August 12th 2013, which strengthens the preventive measures related to information systems attacks. This law implies that government shall establish minimum rules and sanctions for criminal offenses, while also aiming at strengthening the cooperation between the competent authorities. Member States will be able to set the prison sentence they will impose on such criminals.
For activities involving illegal access to information systems, illegal system interference or data, illegal interception of communications as well as the production and sale of such tools to intentionally commit such offenses shall lead to at least 2 years in prison.
For operating technical botnets to set up a remote control of a set of computers by spyware through targeted cyberattacks, the penalty shall be at least 3 years in prison.
The maximum penalty for attacks against critical infrastructure, such as nuclear power plants, transmission and government networks should be at least 5 years’ imprisonment.
This directive reflects the priorities set by Europol and the European Agency for Network and Information Security information, namely:
• to achieve cyber resilience
• to significantly reduce cybercrime
• to develop a policy and cyber defenses in connection with security policy and common defense
• to develop industrial and technological resources in cybersecurity
• to create an international policy within the European Union that is consistent in terms of cyberspace and promote the core values of the E.U.
Cybercriminals profit worldwide is estimated to reach €750 billion per year, according to a McAfee study.
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