Law regulating crime in the cyberworld
On June 4, 2008 the Argentine Congress approved a draft law regulating crime in the cyberworld, which amends the Criminal Code. The Executive must now pass the law and order its publication in the Official Gazette. Because the parliamentary vote was unanimous, it seems unlikely that the Executive will exercise its power of veto.
The new Law points out in its grounds that “the advancement and universality of new methods of communication have overwhelmed any foreseeable legal framework; therefore it is time to bring our legislation up to date as this area is particularly relevant to the exercise of peoples’ right to exercise freedom”.
Prohibited criminal activities are typified by the following:
2. unauthorized violations of electronic communications and illegitimate access to systems or confidential data that is restricted,
3. the illegal publication of electronic communication,
5. fraud by means of virtual manipulation,
6. virtual damage and the dissemination of computer viruses,
7. in cases of aggravated virtual damage,
9. violation of objects, registrations, or documents designed to serve as evidence before a competent authority.
Criminal penalties vary from fifteen days to four years in prison depending upon the crime committed. In addition, certain crimes carry a fine of A$750 to A$100,000.
The law also expressly defines the terms “document,” “firm,” “subscription,” “private instrument,” and “certificate” as they relate to the new law.
This reform is designed to protect individuals’ privacy and the confidentiality of communications, both of which are explicitly guaranteed by the Argentine Constitution.
This insight is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice.