Dominican RepublicLey No. 53-07 sobre Crímenes y Delitos de Alta Tecnología, Acceso Ilícito
Ley No. 53-07, Gaceta Oficial No. 10416, 23 de abril de 2007, arts. 5-6 (Acceso Ilícito)
In force since .
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not access an electronic, computer, telematic, or telecommunications system, or exceed an authorization to access one, using or not using another's identity.NIST AI RMFMAP 4.1
- Do not divulge, generate, copy, capture, use, alter, traffic in, or decode an access code or similar mechanism used to achieve illicit access to such a system, and do not falsify an access device.no control in the NIST AI RMF
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Illicit access (art. 6) carries three months to one year of imprisonment and a fine of one to two hundred times the minimum wage, rising to one to three years and a fine of two to four hundred times the minimum wage where the access suppresses or modifies data, discloses confidential data, or exploits access obtained coincidentally or unintentionally (párrafos I-II); using, trafficking in, or falsifying an access code (art. 5) carries one to three years of imprisonment and a fine of twenty to one hundred times the minimum wage, rising to one to ten years and a fine of two to five hundred times the minimum wage for cloning an access device for resale, distribution, or fraudulent financial transactions.
What it makes you log
Logging duty
Article 6 defines the offence of illicit access to an electronic, computer, telematic or telecommunications system and the aggravated forms where data is deleted, modified or disclosed or where access obtained by chance is exploited. It imposes no duty to create, keep, produce or review a log or record, and states no territorial test, so the hook is empty. The same Act's Article 56 (service providers must keep traffic, connection and access data for at least 90 days) and Article 53 (authorities act quickly to preserve data) sit outside the cited article and are not read into this row.
- Kind
- None
- As of
What this law does
Article 6 (Acceso Ilícito) sanctions accessing an electronic, computer, telematic, or telecommunications system or its components, whether or not using another's identity, or exceeding an authorization, with three months to one year of imprisonment and a fine of one to two hundred times the minimum wage; a first paragraph raises the penalty to one to three years of imprisonment and a fine of two to four hundred times the minimum wage where the illicit access suppresses or modifies data, or discloses confidential data found in the accessed system, and a second paragraph imposes that same one-to-three-year, two-to-four-hundred-times range on exploiting access obtained coincidentally or unintentionally.
Article 5 (Códigos de Acceso) separately sanctions divulging, generating, copying, capturing, using, altering, trafficking, or decoding an access code or similar mechanism used to achieve illicit access, or falsifying an access device, with one to three years of imprisonment and a fine of twenty to one hundred times the minimum wage; a separate paragraph on cloning an access device for resale, distribution, or fraudulent financial transactions raises this to one to ten years of imprisonment and a fine of two to five hundred times the minimum wage, the most severe tier either article carries.
Neither article's text turns on defeating a technical security measure, so a scraper's authorization status, rather than the presence of a technical barrier, is what the statute conditions liability on; no reported Dominican decision applying either article to a scraper reading public pages was located.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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