Por Diego Migliorisi
lawyer- especialsita on Cybercrime
Director de Abogados Migliorisi
Argentina founder of the Association to Fight Cybercrime
The problem of computer crime investigation of a crime or configured through the Internet has never been easy, even more so when the behavior of offenders in most cases is hiding behind the pseudo-anonymity offered by the network. We must also bear in mind that there is no law requiring companies that provide Internet in our country (ISP) the stored traffic or IP connection nor its customers to view interactive portals from where you can configure offenses. That is getting part of the test for research on the one hand depends on the goodwill of such local companies as well also foreign companies such as the owners of social networks that host such information in their respective countries lawfully requested via urge .
The computer maze that requires research first obtain the IP data (nro a kind of connection that gives the customer ISP to access the Internet). In some cases this information is not visible and to obtain in many cases it is essential to require proof abroad. Once the IP with which the offender contacted structure can determine the country the country and the name of the ISP that submitted IP. Since then the company can inform researchers customer data to which you assign that IP address in the day and exact time the crime was committed. It noted that what is stored is not the content but encrypted data navigation of dynamic ip assigned to each of its customers day, schedule, lease time, so this tool does not violate in any way the privacy or other constitutional principle. In Argentina still roams the various committees of the Chamber of Deputies a bill presented in the 2014 which provides a solution to this problem.
It is worth mentioning that a particular offense from ip assigned to a client does not mean guilt but one of many possible direct research as offices, businesses, companies or public place like places with unrestricted access to the website or the services signal open wi-fi can be used by a significant number of people without being its owner criminally responsible for the misuse of the service
(Ip may be fixed or dynamic. In the first assigned IP it is always the same and the dynamic number can vary daily, when the computer is turned on or off or agree to a certain amount of hours, mode changes IP address assigned depends on the ISP)
As explained it is necessary to affirm the indispensable means incorporating be tools for investigating computer crimes and those configured through Internet since it noted the exponential growth in Argentina of this new type of crime with a clear-up rate less than 5%.
Cyber most frequent crimes in Argentina:
1) Slander , slander and defamation (art 109 a 117 Argentine Criminal Code bis)
2) Threats ( Arts. 149 to y 149 ter Argentino)
3) Intellectual property crimes ( law 11723 art 71,72 and law 25036)
4) Child pornography (art 128 Argentine penal code)
5) Unauthorized access to computer systems ( art 153 and 153 Argentine Criminal Code bis)
6) Computer fraud (phishing) ( Art 172 and 173 Argentine Criminal Code)
7) Incitement to commit crimes (art 209 and 209 Argentine Criminal Code bis), Condoning crime (art 213 CPA).
8) Grooming ( Art 131 Coding Penal Argentina )
9) Extortion (Argentine Criminal Code art)
10) Computer damage ( destruction of computer systems and / or its contents) ( Art 183 Argentine Criminal Code )
It noted that crimes such as drug sales, weapons, organs and reduction products acquired illegally (theft or misappropriation) They are beginning to intensify in recent years. Other actions such as theft and / or phishing, the coordinated action of ciberejercitos trend and revenge porn (Bill bill 5201-D-2015) They are not yet codified in our country but reaping victims.