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Date: 2002-04-18

HU: Neue Verschärfungen in Internet-Gesetzen


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Ungarische Hacker werden wohl bald um Einreise/visas für
Argentinien ansuchen :o)

[siehe: http://www.quintessenz.at/archiv/msg01913.html]

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by Mr. Robert Smyth
15th Apr 2002

New amendments to Hungary's laws on internet crime have drawn
criticism from industry players for not distinguishing enough
between minor and major crimes.

"The law is strict in places it shouldn't be so strict," said
Dániel Nemes, CEO of internet firm telnet Hungary Rt,
highlighting the fact that the amendments to Hungary's Criminal
Code, which are effective from April 1, outlaw any attempt at
hacking, even if no damage is caused.

"[Deliberate hacking by the company] can be good for boosting a
company's IT security. It's good to experiment to show systems
can be protected," he said.

"The law goes a bit too far. I don't think a prison sentence for
changing two words is what we need," agreed András Pogány, COO of
internet services firm Kirowski Kft.

Nemes said the new legal provisions fail to provide stronger
penalties
for hacking that causes real damage, for example making a site
inaccessible to users (known as "denial of service"). He said
this issue will call for more lawmaking in the near future.

However, a lawyer active in the field praised the amendments.
"The changes represent a big step towards EU standards, bringing
Hungary's internet law almost fully up to the current standard
of EU internet law," said Zoltán Ormós, internet and telecom

lawyer at Ormós Law Office. His office is the Hungarian legal
representative of the Business Software Alliance (BSA), an
international interest group established by software houses for
fighting software piracy.

Ormós welcomed the fact that the scope of criminally punishable
activities is much wider and sanctions are more severe than
before. "Before this amendment, a hacker had to cause actual
damage before a crime could be considered to have been committed.
Now the very act of hacking is illegal," he said.

Besides hacking, the amendments criminalize illegal system
penetration, manipulation of data and the intentional spreading
of computer viruses. Like hacking, these crimes will be punishable
by prison sentences of up to three years, even if they did not
cause any harm.

Nemes said the provisions on viruses are not wide and deep enough.
Pogány added a further complaint: that the amendments lack
practical application.

"The question is the capability of enforcing it. I don't think
the police are prepared. It's very difficult to prove such crimes
beyond doubt, as clever hackers can cover their tracks," he said.
Serious crime?

It is generally agreed that it is almost impossible to quantify
the extent of damage of internet-related crime.

"I don't think anyone has numbers on how much is lost. Most
cybercrime
goes unreported because of PR considerations," said Nemes. "It
could be a very high figure, taking into account how online banks
and brokerages can be seriously disrupted by denial of service."

Pogány of Kirowski argued that hacking does not cost the Hungarian
internet industry a great amount of money, except in a few cases.

"It is mainly an annoyance for most of us, while [its effect on]
banking is perhaps something we will never know about," he said.
He added that the potential damage is limited by the fact that
payment over the internet is not popular in Hungary.

Csilla Kövesdi, spokeswoman for Budapest Bank Rt, said the bank
has never been hacked.

"We have never had a hacking issue, but we put major resources
into protecting ourselves," she said. She added that a case in
which Ft 700 million (E2.9 million) was stolen from the bank by
one of its customers was a card-related crime, despite some press
reports that it was a result of hacking.

The amendments were welcomed by Robert Braun, senior vice
president of Index.hu Rt, the operator of Hungary's second
biggest portal, index.hu.

"It's good there are strong and well-defined laws," he said. He
addedthat, while his own portal has been a victim of hacking, it

suffered no financial losses from this.

"The only reason to hack a media site is to show the hacker's
ability, as there is no private user data that can be taken,"
he said.

Safer highway

Another area where the amendments make the law tougher is child
pornography.

"The amendments make all such activity much more serious," Ormós
said.

"Now, the storing of child porn on a PC can lead to three years
in prison. Previously, action could only be taken if child
pornography was [distributed] to other users."

Ormós also said the amendments call for the establishment of a
new lobby group, to be called the Internet Security Alliance,
which will gather major IT industry players. He said the aim of
the alliance is to throw more light on the importance of internet
security, adding that the alliance will file some criminal
complaints with the police as test cases.

http://www.bbj.hu/user/article.asp?ArticleID=146648

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edited by Miller
published on: 2002-04-18
comments to office@quintessenz.at
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