Cybercrimes are a direct consequence of the accelerated development of Information and Communication Technologies (ICTs), which, while positively transforming many aspects of modern life, have also opened the door to malicious methods and practices. These behaviors use computing as a means or end to violate fundamental legal assets such as privacy, intimacy, property, and the integrity of institutions and individuals. These actions, known as cybercrimes, are characterized by having no physical borders and can be executed from anywhere in the world in a matter of minutes.
Faced with this reality, state intervention becomes imperative to regulate, prevent, and punish illicit activities carried out through technological tools, whether intentionally or negligently. The main objective of this regulation is to guarantee a secure digital environment and protect personal and corporate data stored and transmitted in electronic systems. Furthermore, it is essential that countries cooperate with international organizations to adopt coherent and effective legal frameworks, since telecommunications and data flow do not recognize territorial limits.
We are going through a crucial stage in the evolution of cyberdefense. Massive data leaks, theft of intellectual property, privacy violations, financial fraud, and denial-of-service attacks are just some of the threats we face daily in cyberspace.
Computer Crimes or Cybercrimes
A computer crime, also called a cybercrime, is any unlawful action carried out through technological means. It is not always necessary to be connected to the Internet to commit a computer crime, as it can also be carried out within private networks. A more precise definition would be: "Computer crimes are illegal activities committed through the use of technological devices or communication systems, whose objective is to cause harm, generate losses, or prevent the proper use of computer systems."
Below are some of the main computer crimes that occur in Ecuador:
Cyberterrorism
Cyberterrorism consists of deliberate attacks against critical infrastructures —such as hospitals, refineries, banks, electrical systems or telecommunications— perpetrated through cyberspace. These attacks are usually motivated by religious, political, ideological, or economic reasons and seek to generate panic, destabilization, or significant damage at the national and international levels.
Child Pornography
The United Nations General Assembly defines child pornography as "any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities, or any representation of the genital parts of a child for primarily sexual purposes." This crime represents a serious threat to the physical and mental health of minors. Children can also be victims of harassment and sexual abuse through grooming.
Fraud and Illegal Sales on the Internet
The Internet has facilitated the emergence of illegal markets for the sale of products and services such as weapons, drugs, child pornography, hitman services, among others. Technologies such as the TOR network allow criminals to operate on the Deep Web with high levels of anonymity, making it difficult for justice to act.
Crimes against Intellectual Property
Intellectual property grants creators economic and moral rights over their works. In the technological field, this includes software, algorithms, and computer applications. Piracy, unauthorized reproduction, and misuse of software are common forms of violation of these rights.
Slander and Libel in Digital Media
Ecuador's Comprehensive Organic Criminal Code (COIP) classifies slander and libel as crimes against honor and good name. Libel refers to offensive acts that affect a person's reputation, while slander involves falsely attributing a crime to someone. The COIP groups them under the figure of "libelous slander."
Identity Theft (Phishing)
This crime consists of impersonating another person to obtain sensitive data such as passwords, credit card numbers, or personal information. It is generally executed through fake emails or websites that imitate legitimate entities.
Attacks on the Integrity of Computer Systems
These attacks include destruction, alteration, deletion, or damage of data or computer systems. They also include the insertion of malware or malicious code that interrupts the normal functioning of a technological infrastructure.
In Ecuador, these crimes are sanctioned in the Comprehensive Organic Criminal Code (COIP), which establishes prison sentences for those who commit them. However, rapid technological evolution requires that laws be constantly updated and that the technical capabilities of institutions responsible for their investigation and prosecution be strengthened.
Bibliography
Almodóvar, L., & Jaramillo, M. (2018). The nauseating world of the 'Deep Web'. El PaÃs.
Gallardo Orellana, H. J. (2016). Libelous slander in the new Ecuadorian Comprehensive Organic Criminal Code.
Gamba Segovia, M., & Escobar Mora, M. (2013). Software protection as intellectual property right.
Higuera, J. (2013). Cyberterrorism as a global threat.
Oxman, J. (2011). Child pornography in international law.
Cybercrimes or Computer Crimes on the Rise
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Information and communication technologies (ICTs) have evolved exponentially in recent decades, allowing humans to carry out processes and controls efficiently and in reduced time, not only in the business environment but also in everyday household tasks. This great fusion between human beings and technology reaches levels as important as ensuring our survival.