A_Global_Protocol_on_Cybersecurity_and_Cybercrime.pdf

Government or an international organization to

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government or an international organization to perform or abstain from performing any act or seriously destabilize or destroy the fundamental political, constitutional, economic or social structures of a country or an international organization." Terrorism in cyberspace consists of both cybercrime and terrorism. Terrorist attacks in cyberspace are a category of cybercrime and a criminal misuse of information technolo- gies. 32 The term “cyberterrorism” is often used to describe this phenomenon. 33 But 30 Final Act of the United Nations diplomatic conference of plenipotentiaries on the establishment of an International Criminal Court, Rome July 17, 1998 (U.N. Doc. A/CONF.183/10) 31 See conventions.coe.int 32 See ASEAN Regional Forum Statement on cooperation in fighting cyber attack and terrorist misuse of cyberspace (June 2006) 33 John Malcolm, Deputy Assistant Attorney General, US Department of Justice: Virtual Threat, Real Terror: Cyberterrorism in the 21st Century; Testimony before the US Senate Committee on the Judiciary, February 24, 2004.
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55 while using such term, it is essential to understand that this is not a new category of crime. Cyberterrorism has been defined as unlawful attacks and threats of attack against computers, networks, and stored information. It has to intimidate or coerce a govern- ment or its people in furtherance of political or social objectives. An attack should result in violence against persons or property, or at least cause enough harm to generate fear. Serious attacks against critical infrastructures could be acts of cyberterrorism, depending on their impact. 34 Another definition covers a criminal act perpetrated by the use of computers and telecommunications capabilities causing violence, destruction and/or disruption of ser- vices. The purpose must be to create fear by causing confusion and uncertainty in a popu- lation, with the goal of influencing a government or population to conform to a particular political, social or ideological agenda. 35 Cyberterrorism has also been defined as attacks or series of attacks on critical infor- mation infrastructures carried out by terrorists, and instills fear by effects that are de- structive or disruptive, and has a political, religious, or ideological motivation. 36 These definitions have one thing in common, the conducts must be acts designed to spread public fear, and must be made by terrorist intent or motivation. Terrorism in cy- berspace includes the use of information technology systems that is designed or intended to destroy or seriously disrupt critical information infrastructure of vital importance to the society and that these elements also are the targets of the attack. 37 Genuine instances of cyberterrorism are not publicly known. Terrorists seems to still prefer using physical bombs on buildings, trains and railways stations.
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