On the Criminalization of Acts Aimed at Destroying, Blocking or Modifying Computer Information
Ilya Mosechkin · Russian Journal of Criminology · 2024
The author discusses the problems of counteracting the destruction, blocking or modification of information through criminal law means. The topic is highly relevant due to the ongoing digitization of human activities and the introduction of amendments to the criminal law. The author concludes that, in spite of the recent measures aimed at improving the current legislation, it is still not free from gaps. Both court practice and theoretical works describe various infringements aimed at the destruction, blocking or modification of digital data. These include damaging machine-readable media, appropriating them or destroying their information through an electromagnetic impact. The absence of unauthorized access to computer information, malware or the obligation to observe the rules of information processing make it impossible to qualify the committed actions under some Article of the Criminal Code of the Russian Federation. The destruction of machine-readable media or their appropriation are not fully covered by the criminal law since the goal of destroying, blocking or modifying digital data is ignored. Besides, in some cases the value of information for the victim could be considerably higher than the price of the information carrier. International experience shows different approaches under which a person is held criminally liable for violating the integrity of computer information or for blocking it regardless of the used means. The analysis allowed the author to conclude that it is expedient to borrow certain clauses on criminalizing the intentional destruction, blocking and modification of computer information not only in cases of unauthorized access, but also through other means. The author draws attention to the necessity of taking into account the intention of the guilty person to destroy relevant digital data. Additional arguments are presented in support of this position by citing the research findings of authoritative scholars. In conclusion, the author suggests that the Criminal Code of the Russian Federation should be amended by adding a new article with the recommended disposition provided in its first part. A list of qualifying features that could be used to amend the new article is also presented.