Brussels, 29/08/2002 (Agence Europe) - A distinction must be made between cyber-crime and cyber-non violence. Such is the essence of the message given on 27 August by Marco Cappato (Lista Bonino, Italy) before the EP Committee on Industry, External Trade, Research and Energy, when presenting his report on the proposal for a framework decision on attacks against information systems (including the Internet).
The proposal for a framework decision aims to assure that such attacks are punished with minimum penalties of at least one year imprisonment, to allow the European instruments on judicial and police cooperation and the extraterritoriality of the jurisdiction to come into play. Marco Cappato considers it is necessary to ensure that the approximation of laws does not violate basic legal principles or criminalise individuals solely because of the new technologies used. In his view, this approach would also make it possible to establish a clear distinction between, on the one hand, forms of "on-line" political activity, civil disobedience, demonstrations and activities of little or no consequence (some of which might be covered by the term "hacking") and, on the other hand, "cracking", violent action directed not only against property but also against physical persons. The rapporteur considers it is not acceptable to make it an obligation for Member States to punish behaviour which is already widely regulated or "which is permissible or tolerated in every democratic country, or indeed which deserved to be recognised as contributing to the public good, even if they involve actions which might be covered by the term "attacks against information systems". It is for this that he considers it necessary to complete the Commission's proposal with explicit reference to fundamental freedoms and rights by reaffirming, in conformity with the principle of subsidiarity, the possibility for Member States to foresee exemption clauses that can be applied without running the risk of breaching Community law. Marco Cappato tells his colleagues that "unless the proposed amendments are adopted, the proposed framework decision could not be regarded as a positive step in terms of extending into the realm of cyberspace the 'area of freedom, security and justice' which is the objective of the European Union's cooperation in the field of justice and home affairs". The Industry Committee's vote of the report will be held on 11 September.