Law regulating crime in the cyber-world

The new Law points out in its grounds that “the advancement and universality of new methods of communication have overwhelmed any foreseeable legal framework; therefore it is time to bring our legislation up to date as this area is particularly relevant to the exercise of peoples’ right to exercise freedom”.

Prohibited criminal activities are typified by the following:

(i)            the promotion, distribution, and publication of child pornography over the Internet,

(ii)           unauthorized violations of electronic communications and illegitimate access to systems or confidential data that is restricted,

(iii)           the illegal publication of electronic communication,

(iv)          unauthorized access of personal data banks, dissemination of private information stored in personal data banks, and the insertion of data per se or via third parties into a personal data file,

(v)           fraud by means of virtual manipulation,

(vi)          virtual damage and the dissemination of computer viruses,

(vii)          in cases of aggravated virtual damage,

(viii)         the disruption and/or interruption of virtual communications by any means, and

(ix)          violation of objects, registrations, or documents designed to serve as evidence before a competent authority.

Criminal penalties vary from fifteen days to four years in prison depending upon the crime committed. In addition, certain crimes carry a fine of A$750 to A$100,000.

The law also expressly defines the terms “document,” “firm,” “subscription,” “private instrument,” and “certificate” as they relate to the new law.

This reform is designed to protect individuals’ privacy and the confidentiality of communications, both of which are explicitly guaranteed by the Argentine Constitution.