Criminal Code, Computer and Information Offenses
Criminal Code, Computer and Information Offenses, Arts. 218-219 (as amended by Decree No. 1522 of )
In force.
A computer misuse rule binding public and private bodies.
What it requires
- Do not intrude into an information-communication network of the state administration, national defense construction or advanced science research sector to read, steal or destroy data.NIST AI RMFMAP 4.1
- Do not intrude into an information-communication network to read, steal or destroy important information; the paragraph that punishes this names no sector.NIST AI RMFMAP 4.1
- Do not violate electronic business order.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
Criminal exposure note
Article 218 sets labor-training for intruding into a state-administration, national-defense-construction or advanced-science-research information-communication network to read, steal or destroy data, and up to 5 years of labor-reform (5 to 10 years where the circumstances are grave) for intruding to read, steal or destroy important information. Article 219 sets labor-training for violating electronic business order, up to 5 years of labor-reform where serious consequences result, and 5 to 10 years where the circumstances are grave. None of the offenses states a fine.
What this law does
Article 218 (Crime of Information-Communication Network Intrusion) punishes with labor-training a person who intrudes into an information-communication network of the state administration, national defense construction or advanced science research sector and reads, steals or destroys data.
Article 218 also punishes intrusion into an information-communication network to read, steal or destroy important information, in terms that name no sector, with up to 5 years of labor-reform, and with 5 to 10 years of labor-reform where the circumstances are grave.
Article 219 (Crime of Violating Electronic Business Order) punishes violating electronic business order with labor-training, with up to 5 years of labor-reform where serious consequences result, and with 5 to 10 years of labor-reform where the circumstances are grave. Labor-training lasts from 6 months to 1 year. Fixed-term labor-reform lasts from 1 to 15 years. None of the offenses carries a monetary fine in the text of Arts. 218 and 219.
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