Attacks on the confidentiality, integrity and availability of data and computer systems in the criminal case law of the Czech Republic

Abstract

Uncovering attacks on data and computer systems and those responsible for them is one of the contemporary problems that the authorities involved in criminal proceedings have to deal with. Where this sort of cybercrime is concerned we can expect not only high levels of latency but also a low clear-up rate for crimes on file. This paper demonstrates this using the example of the Czech Republic, by providing an analysis of all cases of this type of cybercrime dealt with by courts between 2008 and 2016. It focuses in particular on proceedings concerned with illegal access and data and system interference. The cybercrimes that are brought to court in the Czech Republic is not representative of the cybercrime committed in the Czech Republic either in terms of its type or its extent. The cases dealt with by the courts are primarily connected with personal relationships and the Internet. The most frequent type of case thus concerns the misuse of passwords for accessing social networking sites or e-mail inboxes. We were also surprised to find that the courts had begun to apply facts relevant to cybercrime cases in cases involving the manual manipulation of gambling machines. The Czech Republic has evidently not yet found a way of demonstrating criminals’ guilt in more complex cybercrime cases.