The computer systems and nets-area for a new forms of illegal injury

Abstract

The article "The computer systems and nets-area for a new forms of illegal injury" starts with presentation of Internet like global world net communication that give opportunity unsuspected yet. Expecting the Information Revolution cover more and more areas of social life, like politics, law, economics, security, trade etc., this require a modern law adjustment. Owing to the infinitely possibilities and services, that gives Internet, main of them are indicated in the article, transferring and keeping valuable information. But in the global net is missing a centralizing control and this create a premises for the beginning of new aspects of infringements-corpuses of the illegal injury. The elaboration turns attention to injuries, which can create from the unadjusted access to alien computer nets. For explaining on these injuries, there are definitions and basic concepts like: computer systems, nets, data, programs, computer virus etc. There is indicating the legal regulation on Bulgarian Criminal Law, regulating the corpuses of the so-called computer crimes. The elaboration pays mostly attention to analyzing of delinquent responsibility on injuries, casual from unadjusted outside "break" in computer systems and nets. In view of the fact that no corpuses of the different injuries, for that sort of illegal injury, provisionally called "computer delict", enforce a general normative regulation in Law of obligations and contracts. In connection with this, analyzing in detail the premises for the creating of civil-law responsibility of illegal injury on computer delicts-injury, casual from infringe of subjective rights; illegal act-permeating into the alien computer systems or nets without authorization from theirs users or administrators, "infecting" the computer with virus; a casual connection between the act and the injury on the user of computer systems and nets; and, guiltiness in the perpetrator. The article is examining the guaranty-ensuring responsibility with-out guiltiness on the computer delicts. Instead conclusion, the article finishing with the usefulness on the global net-Internet, the obligations to observing rules at using, and, the needing of modernization of the law adjustment about the new corpuses of delinquent responsibility, including the computer delicts.

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