DELCADE’s Cybercrime Legal Expertise

Cybercrime encompasses all illegal activities carried out using computer networks, primarily the internet, to commit crimes and misdemeanors. These include attacks on automated data processing systems (STAD) and the use of networks for traditional crimes such as theft, identity theft, and fraud.

Legal Framework Addressed in “Internal Cybercrime Training”

DELCADE’s expertise covers a comprehensive range of cybercriminal activities, defined under various articles of the French Penal Code:

• Data System Breaches (STAD): Law No. 88-19 of January 5, 1988, on computer fraud, specifically targets unauthorized access and disruptions to data processing systems.
• Computer Espionage: Unauthorized access and maintenance within a system (Article 323-1 of the Penal Code).
• Computer Disruptions: Data introduction, extraction, detention, reproduction, transmission, deletion, and modification (Articles 323-3 and 323-3-1 of the Penal Code).
• Direct and Indirect Obstruction: Actions that impair the functionality of a STAD, including the use of equipment or programs designed for system attacks (Articles 323-2 and 323-3-1 of the Penal Code).
• Internet Fraud: Utilization of false identities or qualities to deceive victims, with notable cases like impersonating public figures or falsely claiming to be a credit institution (Article 313-1 of the Penal Code).
• Phishing or Spear Phishing Attacks: Involves identity theft, fraudulent data collection (Articles 226-4-1 and 226-18 of the Penal Code), and scams (Article 313-1 of the Penal Code).
• Extortion and Blackmail: Threats of violence or exposure to gain from victims (Articles 312-1 and 312-10 of the Penal Code).
• Ransomware Attacks: Extortion of funds through malware, unauthorized system access, and operational disruption (Articles 312-1, 323-1, and 323-2 of the Penal Code).

Expansion of Cybercrime

The digital reliance escalated by the health crisis has amplified cyber threats, with increased attacks against critical sectors like defense and healthcare. In 2019, the French National Agency for the Security of Information Systems (ANSSI) noted significant trends in ransomware, espionage, and supply chain attacks.

Typologies of Attacks

Cyber attacks can be targeted or untargeted. Targeted attacks seek specific entities for valuable information, while untargeted attacks use the same tactics across multiple potential victims. Social engineering is often employed to craft tailored attack strategies.

Threat Distribution and Perpetrators

Cyber threats affect various sectors and are enacted by employees, lone hackers, and criminal organizations. In 2019, 49% of attacks were state-sponsored, 26% by hacktivists, 20% by cybercriminals, and 5% by cyber terrorists.

Response to Cyber Attacks

In the event of a cyber attack, it is critical not to interact with the compromised system, engage a technical expert for analysis, conduct a thorough diagnostic, and establish a crisis response team. It is also essential to notify relevant authorities and check for insurance coverage against cyber risks.

For further information or to discuss potential cybercrime issues, contact DELCADE’s team of legal experts specializing in cybercrime and digital security laws.