This initiative arises from the need to provide more tools to justice when investigating crimes related to organized crime. In our country the Argentina Association to Fight Cybercrime (AALCC) It is one of organizations working the issue and who have raised concerns us to contemplate a change in our legislation that provides a concrete response to the constant evolution of the realization of this type of crime.
As we know the new technologies of information and communication have led to the birth of new instruments of attack through these means, becoming more frequent commit crimes perpetrated by the use of Internet.
It is a fact that millions of people use Internet, because among other things, It facilitates communications between individuals providing various benefits, but it is also true that the network facilitates the commission of crimes in cyberspace that otherwise would not have been committed to the possibility for cybercriminals to adopt another identity to approach their victims through online services, or through social networks.
Examples of the influence networks can appreciate daily, he 18 April this year has been dismantled in Spain an international child pornography network composed by WhatsApp users 18 European countries, Central and South America where it was captured and detained in Colombia for more than thirty people involved in this transnational crime. The investigation remains open in our country.
Cases like this challenge us to modify existing laws and leads to the permanent development of our criminal justice system, which it requires a parallel evolution to that experienced by the criminal activity to respond to new security demands raised by the society in which we live.
That is why the use of technology by the state is currently serving a dual role in relation to criminal proceedings: on the one hand it allows refining the analysis means for research and testing offering more reliable results, and on the other, allows the prosecution of those crimes directly connected with technology, growing number.
Spain for example already advanced in this subject and in its new regulation of the Criminal Procedure Act, in the article 282 to, contemplates the figure of computer undercover agent for investigations affecting own activities of organized crime, where the competent judge and Prosecutions, They may authorize officers of the judicial police, and taking into account their need for the purposes of research, to act under a false identity and to acquire and transport objects, effects and instruments of crime and defer the seizure of the same.
This project seeks to incorporate the figure of computer undercover agent to the current law 27.319 in order to provide a new tool to justice to those obstacles found when investigating these crimes. The figure of the undercover agent and is regulated in our legislation, This project aims to give greater scope and specificity while maintaining the provisions of the Act.
For these reasons it is that I apply to my peers approval of this bill.
http://www.hcdn.gob.ar/proyectos/proyecto.jsp?exp = 2714-D-2017