This article reflects on the impacts generated by national public policies and the development of national and international regulations, in relation to the prevention and regulation of Cybercrime or computer crimes in civil society in Bogotá…
public-policies-cybercrimeFor this, two development points were raised: 1) Sample results of a set of surveys of those directly affected by cybercrime and of interviews with experts on the subject. 2) Analytical discussion on the possible impacts of the norm and public policy on Bogota citizens. These two points are preceded by a description of the forms of cybercrime in Colombia, as well as legal and public policy regulation, in relation to the behaviors that are binding for citizens of Bogotá within cyberspace.
Key words: Cybercrime, Public Policies, Legal Regulation, Prevention, Bogotá.
ABSTRACT, a reflection is made of the impacts generated by national public policies and the national and international regulatory development, regarding the prevention and regulation of cybercrime or cybercrime in civil society in Bogotá. For this, two points of development were raised: 1) Sample of results of a set of surveys to those directly affected by the cybercrime and of some interviews to experts on the subject. 2) Analytical discussion about the possible impacts of the norm and public policy on Bogota citizens. These two points preceded by a description of the forms of cybercrime in Colombia, as well as legal regulation and public policy, regarding the behaviors that are binding for Bogota citizens in cyberspace.
Keywords: Cybercrime, Public Policies, Legal Regulation, Prevention, Bogotá.
INTRODUCTION
The present work is a research article, whose purpose is to reflect on the possible impacts of national public policies and regulatory development, around the prevention and regulation of Cybercrime in Bogota civil society; emphasizing the analysis of understanding, assessment and performance by citizens in their daily dynamics within cyberspace.
The intention to carry out this article arises, first of all, from the obligation to respond to the increase in complaints for computer crimes in Colombia, which according to data from the Prosecutor's Office and the Police grew by 31% in 2017, and that for the month January 2018 presents an increase of 202% compared to the month of the previous year (El Tiempo, 2018). Secondly, the requirement to do an analysis on the great economic and cultural costs generated by computer crimes or cybercrime in Colombia, since according to the newspaper El (El Tiempo, 2016) computer crimes for 2015 generated, at the and Colombians a loss of 600 million dollars, and to this is added the social impacts of these crimes, to people in vulnerable conditions such as minors - Cyberbullying, Cyberbulling,child pornography, etc…
Taking into account the above circumstances, the article's main purpose is to generate an academic response regarding the political and legal environment on cybercrime as typified in national regulations, and which generate expectations, questions and intrigues in citizens about This new crime, which although it is current, has developed great impacts on the daily living dynamics of the people of Bogotá.
In order to respond to the purposes mentioned in the preceding paragraphs, this work poses a central question: What are the impacts generated by 1) national public policies and 2) national and international regulatory development; regarding the prevention and regulation of cybercrime in Bogotá's civil society from 2006? Which will have three parts that will answer it. A first part that includes the description of the forms of development of cybercrime in Colombia; as well as the description of public policies and binding national and international regulations that have been developed in Colombia around Cybercrime. A second part that includes the sample of results of interviews and surveys directed to the topic.And finally a conclusive third part in which the discussion of the two previous parts is formulated.
THEORETICAL FRAMEWORK
Forms of Cybercrime in Colombia.
Before exposing the forms of cybercrime that occur in Colombia, it is necessary to give a general idea of what is understood by cybercrime from the theoretical field. In this sense, from the theory stand out the theoretical path that the doctor in law Fernando Miró Llinares makes, and which concludes that cybercrime from the typological and normative senses is conceived as
a specific behavior that meets a series of criminological characteristics (could also be legal) related to cyberspace (typological sense), or to try to identify a specific criminal type with a budget and a sanction, which aims to prevent the conduct of conduct in the cyberspace affecting legal assets worthy of protection (normative sense) (Miró Llinares, 2012, pp. 39, 40).
From another sense, the epistemological sense (also managed by Miró Llinares), it is said that the term cybercrime comes “from the union between the prefix cyber, derived from the term cyberspace, and the term crime, as a concept that serves to encompass crime in the universal open communication space that is cyberspace ”(Miró Llinares, 2012, p. 37).
In conclusion, this article will take cybercrime as a set of actions or omissions committed within cyberspace that promote an individual, social, economic, and / or political crime, contemplated in the territorial legal order in which one of the parties is found. involved (victim (s) and / or victimizer (s)).
Now, a tour will be made of each of the forms of computer crimes that are carried out in Colombia and in the world; These forms are condensed into three groups: A. cybercrime or computer crime with economic sense, B. cybercrime or social computer crime, and C. political or ideological cybercrime.
Cybercrime or Computer Crime with an Economic Sense.
In this article, economic computer crimes will be understood, as all those computer crimes that generate capital depreciations and other economic costs that an individual, a company or a commercial or non-profit company must incur, by computer actions intentional by third parties.
Within this type of cybercrime, three modalities can be detected, the first one of information theft, the second one of affecting the system, and the third one of falsification for transactions.
Regarding the theft of information, there is the Phishing method, which is the theft of information for the purposes of scam. offender's call, awards from cell phone operators and chain stores, false offers on virtual job boards and the false call of the retained nephew ”(CCB, 2017, p. 4).
On the other hand, the affectation or infestation of the system refers to the malicious insertion of viruses into the different systems, in order to generate a scam, among the main modalities in Colombia is Malware, Ransomware, and through APT (Threats). Persistent Advanced).
And finally there are counterfeits for transactions, which consist of falsifying e-mail accounts, users, pages, etc… in order to carry out monetary transactions, their main form of expression in Colombia is through the BEC (Business Email Compromise) which are defined “as a sophisticated scam, aimed at companies that work with foreign suppliers and / or with companies where payments are made through international electronic transfers” (CCB, 2017, p. 6). And it acts through CEO fraud, "in which cybercriminals falsify an organization's executive email address, in order to initiate a transfer of funds to their own accounts" (CCB, 2017, p. 6).
Another form of expression of counterfeits for transactions is electronic fraud in ATMs, a modality known as Skimming, which consists of “cybercriminals achieving a copy of the magnetic stripe or chip corresponding to a credit or debit card., which is used to consummate a criminal act, making purchases or directly withdrawing money from bank accounts ”(CCB, 2017, p. 7).
Cybercrime or Social Computer Crime
This type of cybercrime refers to all that set of actions that cause harm to the person around "their honor, privacy, sexual freedom or similar legal assets" (CCB, 2017, p. 2), within this type are all those crimes typical of Cyberbullying "Likewise the instigation to commit a crime, apology for crime, identity theft, sextorsion, grooming, among other unacceptable behaviors" (CCB, 2017, p. 8).
This type of cybercrime is the latest evolution of it, since it goes from the damages that comprise economic crimes, to damages that are typical of crimes to the person (privacy, good name, freedom around the expression and maintenance of sexual acts, dignity, etc…) and also expands to a great extent in a vulnerable sector of the population (minors), in the words of Miró Llinares:
From the new century, not only the information that computer systems might contain and the impact on privacy or the patrimony that might derive from access to it began to worry, but also the cyberspace in which they interacted and the crimes that occurred there. produced and that could affect many other new legal assets such as sexual compensation, dignity (Miró Llinares, 2012, p. 38).
This computer crime mainly attacks the new generation (Millennials), since this generation makes use of cyberspace for their communication, their work, their relationship building, etc.
Political or Ideological Cybercrime
This type of cybercrime refers to those criminal actions within cyberspace that harm the actions and free functioning of States. I mean these crimes are
Committed with the intention of destabilizing a State or spreading a certain political message, taking advantage of the possibilities of mass communication offered by cyberspace: cyberwar, hacktivism or cyber-terrorism, and which have converted States, the public resources they offer to citizens Through the Internet, as a target of denial of service attacks, malware infections or others that can, as has happened, paralyze the activity of important institutions in a country (CCB, 2017, p. 2).
Development of Regulations and Public Policy on Cybercrime in Colombia
Within the current normative regulation on the subject, there are first Articles 15 and 20 of the Political Constitution of Colombia of 1991, which say respectively:
Article 15. All people have the right to their personal and family privacy and to their good name, and the State must respect and make them respect. Likewise, they have the right to know, update and rectify the information that has been collected about them in databases and in files of public and private entities.
In the collection, treatment and circulation of data, the freedom and other guarantees enshrined in the Constitution will be respected.
Correspondence and other forms of private communication are inviolable. They can only be intercepted or registered by court order, in the cases and with the formalities established by law.
For tax or judicial purposes and for cases of State inspection, surveillance and intervention, the presentation of accounting books and other private documents may be required, in the terms established by law.
Article 20. Everyone is guaranteed the freedom to express and disseminate their thoughts and opinions, to report and receive truthful and impartial information, and to found mass media.
These are free and have social responsibility. The right to rectification is guaranteed under fair conditions. There will be no censorship.
Second, there is Law 1581 of 2012 that develops the two previous articles:
Article 1 The purpose of this law is to develop the constitutional right that all people have to know, update and rectify the information that has been collected about them in databases or files, and the other rights, liberties and constitutional guarantees that are refers to article 15 of the Political Constitution; as well as the right to information enshrined in article 20 thereof.
Therefore, this law aims to regulate everything related to the supply and treatment of information, as well as the mechanisms for monitoring and sanctioning it, and it is also highlighted that this law brings a component of protection to the information of girls., children and adolescents (Article 7. Rights of children and adolescents).
Thirdly, there is Law 1273 of 2009: “Through which the Penal Code is modified, a new protected legal asset is created - called« of the protection of information and data »- and systems are fully preserved. that they use information and communication technologies, among other provisions ”; and that mainly typifies the following crimes.
- Article 269A. Abusive access to a computer system Article 269B. Illegitimate obstruction of the computer system or telecommunication network Article 269C. Interception of computer data Article 269D. Computer damage Article 269E. Use of malicious software Article 269F. Violation of personal data Article 269G. Impersonation of websites to capture personal data Article 269I. Theft by computer and similar means. Article 269J. Non-consensual transfer of assets.
And in fourth and last place, is the accession of Colombia in 2004 to the “Convention on Cybercrime” of Budapest, of November 23, 2001; which brings as the main advance for Colombia, the definition of the following crimes that attempt “against the confidentiality, integrity and availability of data and information systems” (Convention on Cybercrime, 2001):
- Unlawful access, Unlawful interception, Data interference, System interference, Device abuse, Computer counterfeiting, Computer fraud, Offenses related to child pornography, Offenses related to infringements of intellectual property and rights to ends.
On the other hand, with regard to the development of public policy, the first public policy that is developed around cybercrime in Colombia is CONPES 3701 of 2011 entitled "Policy guidelines for Cybersecurity and Cyberdefense", whose main objectives are:
- Implement appropriate instances to prevent, coordinate, attend, control, generate recommendations and regulate cyber incidents or emergencies to face the threats and risks that threaten cybersecurity and national cyber defense. Provide specialized training in information security and expand the lines of research in cyber defense and cyber security; Strengthen legislation on cyber security and cyber defense, international cooperation and advance Colombia's adherence to different international instruments in this area.
Among its greatest achievements is, the strong prevention and regulation in everything related to political or ideological computer crimes; and the creation and establishment of the following dependencies:
- Colombia's Cyber Emergency Response Group (colCERT).The National Police Cyber Center (CCP) of the National Police Computer Security Incident Response Team (CSIRT PONAL).The Data Protection Delegation in the Superintendency of Industry and Commerce. The Technical Sub-directorate of Security and Privacy of Information Technologies of the Ministry of Information and Communication Technologies. The Cyber Defense Committee of the Military Forces. The Cybernetic Units of the National Army, the National Navy and the Air Force Colombian.
The second and most ambitious public policy developed in Colombia is CONPES 3854 of 2016 and is entitled "National Policy for Digital Security in Colombia", which will be developed until 2019 with a total investment of 85,070 million pesos and whose main objectives are:
- Establish a clear institutional framework around digital security, based on risk management, create conditions for multiple stakeholders to manage digital security risk in their socio-economic activities and build trust in the use of the digital environment. the security of individuals and the State in the digital environment, at the national and transnational levels, with a risk management approach. Strengthen national defense and sovereignty in the digital environment with a risk management approach. Promote cooperation, collaboration and assistance in digital security, nationally and internationally.
METHODOLOGY
To carry out this research article, a descriptive reflective research will be carried out on normative regulation, public policy regarding the topic of cybercrime or computer crimes, and gathering opinions on related topics on this topic.
The research is presented under a mixed character, meanwhile, it includes qualitative and quantitative methodologies.
Quantitative part: The sample and description of the impacts through the surveys.
Qualitative part: Reflection made on the opinions collected by the interviews.
Population sample: The population sample due to limitations in economic and temporal resources will be established at the author's discretion.
| NAME GIVEN TO THE POPULATION GROUP | QUANTITY | MEANS OF SUPPLY OF INFORMATION |
| Executors (Public officials related to the Police Cyber Center). | 4 | Survey |
| Theorists (Lawyers and Political Scientists) | 4 | Interview |
| Receivers 1 (Millennials). | 4 | Survey |
| Receivers 2 (Frequent users of cyberspace) | 4 | Survey |
To develop the above, the following will be done:
- Conducting interviews and surveys of people directly related to regulation and prevention of cybercrime. Conducting surveys of people who are affected by cybercrime. Revision of regulations and public policy as articles of the Constitution, laws, international agreements and CONPES documents. Analysis around the data collected by the interviews and surveys carried out. Complete analysis of the regulations investigated plus the reflections left by the discussion of the surveys and interviews.
Instruments to use:
| Access and Data Generation | · Semi-structured interviews
· Corpus bibliographic · Regulatory regulation. · CONPES documents. |
| Analysis of data |
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Schedule:
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Research duration time |
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| Tasks to do | M
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| Formulation of the question-problem, justification and objectives of the article. | |||||
| The revision of regulations and public policy such as articles of the Constitution, laws, international agreements and CONPES documents. | |||||
| Conducting interviews and surveys of people directly related to regulation, and the prevention of cybercrime. | |||||
| Conducting surveys of people who are affected by cybercrime. | |||||
| Description of the data collected by the interviews and surveys carried out. | |||||
| Reflection of the impacts of the regulations investigated plus the data and opinions of the surveys and interviews. | |||||
| Article publication. |
RESULTS
Survey Results
Results Interviews
In this section the main ideas, reflections and opinions of the implicit impacts of the regulations and public policies on cybercrime in Bogota civil society will be exposed, for this there will be an exposition of the interviews carried out with the Master in Public Policy Sergio Andrés Martínez Silva, the Master in Law Ivonne Patricia León, the Master in International Law Camilo Elías Riaño Tovar and the Master in Criminal Law and Criminology Flor Alba Torres Rodríguez.
- Master in Law Ivonne Patricia León
Question: What are the impacts of public policy on the prevention and regulation of cybercrime in Bogotá?
It is based on the idea that there are three fields of influence of cybercrime: global, state and local, all of these interrelated. In the global field there is a transformation of intercommunications as a result of the fourth technological revolution, which encourages the digitization of information and allows new threats related to the Internet and communication networks, threats that directly affect the second field, that is to say the state, which mainly assume two classes of risks 1) terrorism, which comes from various actors (other states, organizations, civilians,etc…) and that involve the development of military technologies that allow the protection and classified information and vital protection for the States and 2) the confrontation of dynamics that greatly affect the state economies (such as the interference of illegal currencies, etc..). These risks lead the States and the third field, that is to say the cities, especially those cities with global aspirations such as Bogotá, to take actions that appease the strong negative effects of global communication and its risks.
These Global city aspirations are seen in the district's attempt to promote through public policies 1) the greater free access to the internet, 2) the greater use of intercommunications and 3) the transformation into a smart city, public policies that generate certain advantages but also great disadvantages such as:
- Greater biopolitical control by the State and the private sector. Continuing disappearance of the private field of citizens. Violation and appropriation of existing information in cyberspace. Greater dependence of public services on connections in cyberspace. Mistrust of the actions and transactions carried out by citizens in cyberspace Increasing need for citizens to live connected Acceptance with consent but without understanding of all the conditions of legal use of cyberspace Increased policies and dynamics of cybersecurity and military cyber defense of the State. Broad manipulation of information of citizens by the private sector. Greater use of cyberspace by some illegal economic sectors,for his easy evasion of the law (drug trafficking, bacrim, etc…). Lack of current regulations on the part of the ongoing evolution of the ways of acting of cybercrime. Master in Public Policy Sergio Andrés Martínez Silva.
Question: What are the impacts of public policy on the prevention and regulation of cybercrime in Bogotá?
It is necessary to start from the differentiation or typology of public policies, which is why we start from the idea that crime in the Colombian legal system is understood as an activity that only and exclusively concerns the individual, leaving aside the conditions social and / or material that can lead the individual to commit the crime; and it is at this point where one can begin to differentiate public policies, since a first type of public policy cannot remove crime from material causes (quality of life) as the root of crime, that is, these public policies that are called in this article social (while they try to give social improvements) they start from the idea that the origin of the crime is the need and therefore they are oriented to the search for acceptable conditions of quality of life, which will allow that ultimately there will be a greater impact in the decrease of crime.
There is a second type of public policy that in this article will be called sanctions, which, given the shortcomings of social public policies, allow the regulation and typification of crimes, in this sense, the only purpose of this type of public policy is repression. through sanctions for misconduct by citizens.
However, cybercrimes do not occur solely on account of people's material needs, nor are they controlled by repressive and punitive measures of the legal system; Cybercrime involves other types of dynamics (sexual crimes, social relations, criminal strategy, political, etc…), these dynamics are typical of the private sphere of people, and that is where the third type of public policy arises, That in this article they are called preventive, whose objective is the prevention, orientation and vigilance by the State of citizens around the risks inherent in cyberspace.
- Legal Master in International Law Camilo Elías Riaño Tovar
Question: What are the impacts of Public International Law on the prevention and regulation of cybercrime in Bogotá?
Cybercrime is a challenge for public international law, since at first, there are several conventions on the subject, but these focus on copyright and the protection of documents that have an electronic component, as is the Budapest Convention that emphasizes the definition of crime, who is judged and how it is judged. In a second moment, the specialized agency of the United Nations for Information and Communication Technologies, ITU and the United Nations at the present time, in the face of recent criminal actions (espionage, immunity from diplomatic regimes and copyright infringement) attempt to develop development around the regulation of cybercrime worldwide.
- Master in Criminal Law and Criminology Flor Alba Torres Rodríguez
Question: What are the impacts of the regulation on the prevention and regulation of cybercrime in Bogotá?
To the extent that people are looking for means to transgress the norms, which generate negative impacts on society, the norm is issued to avoid the behaviors generated by these transgressions, and this is what criminal law is dedicated to. In this country, an attempt is made to solve everything through criminal law. For this, it must be assessed whether or not it should be included within criminal law. Once it is evaluated that it is part of the criminal law, it is the legislator who must evaluate the sanction that will be committed for carrying out certain behaviors.
In the case of cybercrime there are some people who think how to commit behaviors differently, evaluating how the rule is violated, they begin to do so. These behaviors generate great impacts in society, in the economic order and in the State. In Colombia there is no prevention, because there is no formal and informal education, education of values to respect the assets of others, who have duties, prevention is not typical of the norm, it must be done by the State through values, the norm what it does is a counter to the lack of educational values. The norm acts solely as a regulator, this is secondary social control, it is only a response to the shortcomings of primary control, that is, to the shortcomings of the State.
DISCUSSION
The results of the surveys show that 67% of the respondents are not aware of legal tools that they can use when being victims of cybercrime; 56% of them are not aware of the current regulations on cyber-crime; also 83% are unaware of the public policy that has been developed on the subject; on the other hand, only 17% of the interviewees feel safe in cyberspace and 42% have been victims of cybercrime, in addition 83% of these people consider that the regulation and prevention of cybercrime should be carried out by the State; and lastly, 58% believe that the State should manipulate their private information in order to guarantee greater security.
From the interview with Magister Sergio Martínez, it can be concluded that social public policies that try to generate material conditions for the population generate disadvantages. Faced with these disadvantages of social public policies, sanctioning public policies arise whose objective is to promote repressive and sanctioning measures that regulate crimes resulting from the disadvantages of public policies. However, these two types of public policies do not explore all the dimensions in which cybercrime develops, nor do they focus on the primary origin of cybercrime, that is, the individual. In this area, preventive public policies that act in terms of prevention arise., guidance and surveillance by the State on the individual in cyberspace.
From the interview with Magister Ivonne León it can be concluded that this set of disadvantages exposed in the interview, have promoted regulatory actions by the State, in this sense the rule is issued to meet needs generated by the district's globalizing public policies, while they become a risk for the State.
From the interview with Magister Camilo Riaño it can be concluded that cybercrime is a challenge for Public International Law, however this is important for cybercrimes that cross national jurisdiction, since these can only be regulated based on the principle of subsidiarity, and It is at this point that public international law comes into play, since this is the only one that through treaties, conventions, agreements, etc… can generate common legal norms and sanctions between States that allow the prevention, regulation and sanction of cybercrime, in addition It is public international law that can generate responsibility to any of the parties (that is, the States) and finally it is public international law that regulates everything related to treaties (celebration,nullity and other provisions) and treaties between States are the main sources of existing regulation on cybercrime.
From the interview with Magister Flor Alba Torres it can be concluded that there is no prevention within the norm since this is secondary social control, and as such it only regulates behaviors resulting from the shortcomings of primary social control, that is, the shortcomings From the State, in this sense it is affirmed that cybercrime, as it is constantly advancing, must not be prevented by the norm but by the State through education and the values that it infuses into the family nucleus.
Two great assertions can be extracted from the above:
In the first place, it is evident how the population that is directly and constantly linked to cyberspace is largely unaware of public policy and the norm that prevent and regulate crimes within it, as well as instruments that allow them to denounce their quality as victims against these crimes. In this sense, the prevention objectives proposed in COMPES 3854 of 2016 have failed in their digital security prevention campaigns, while their targeting programs have failed to provide information to those who are most involved with cyberspace for those who need it most. Preventive digital security information, understanding that although in Colombia if a public policy has been developed around cybercrime (that is, a preventive public policy),it has no greater scope and has demonstrated its shortcomings in its implementation.
The departure from the norm of reality is also evident, since the citizen is unaware of the types of crimes of which he may be a victim in cyberspace. Furthermore, it is demonstrated how cybercrime, when crossing the regulatory jurisdiction of our legal system, must necessarily be regulated by Public International Law, an issue that, as already disclosed, is incipient and obsolete in Colombia, since our only binding agreement is the of Budapest and it is only in charge of defining the types of existing cybercrime, leaving behind the regulation of these crimes.
Secondly, a substantial perception of insecurity within cyberspace can be evidenced, as well as a large part of the interviewees assimilate that it is the responsibility of the State to regulate and prevent these crimes and in this sense the perception of insecurity and the competence of the State to resolve this, since a greater part of these consider that the State must have private information from its citizens in order to guarantee greater security within cyberspace.
Third, thus giving way to the fact that although the rise of greater exposure to cybercrime, as a result of Bogotá's globalizing public policies, generates a fading of the sphere of the private, it is necessary to dismantle it in favor of the State, so that the latter can guarantee security. In this sense, the solution to the disadvantages of the globalization of the city (increased insecurity within cyberspace) is the deepening of these in favor of the State. Likewise, the State's interference and competence regarding the prevention of the norm is the ratification that it is the State that must be in charge of crime prevention as first social control, and that the norm must only act when the State has been unable to prevent cybercrime,therefore, it should only regulate certain behaviors that act against the social order.
It also shows how the figures of the Prosecutor's Office and the Police can be very different from reality, since, as was shown, a large part of the respondents are unaware of the legal instruments of defense against cybercrime, therefore most of these do not use the complaint, that is to say that if all the people who are victims of these crimes make their respective complaints, it would show alarming figures in Bogotá (since it is a city deeply involved in the dynamics of cyberspace).
CONCLUSION
Regarding the generation of impacts of the norm and public policy in relation to the regulation and prevention of cybercrime, one must start from a contextualization and a relationship, in order to demonstrate the impacts. Firstly, in terms of contextualization, we want to realize that this set of norms and public policies operate in a city strongly influenced and directed by globalizing public policies, which make cyberspace an important area of social coexistence, therefore Because of the need for State intervention, in this sense the role that public policies and norms will play in this intervention becomes important.
Secondly, with regard to relationships, we want to take into account the separate but complementary role that public policy and the norm have, around the prevention and regulation of cybercrime. Taking this into account, one starts from the idea, that it is public policy that should be dedicated to prevention and this in several ways: a) Public policy is the main form of State action, b) the articulation of the different Public policies allow for public policy shortcomings (social ones) to form other public policies of eloquent reaction (the regulatory ones) and some more, of transcendent reaction (the preventive ones), which ultimately will configure the control of cybercrime through of prevention.When the preventive action under public policy of the State does not have the capacity to control cybercrime, it is when the State regulation enters, through the norm; and its main function is to sanction illegal and unwanted acts that are committed within cyberspace.
With this contextualization and relationship, impacts can already be accommodated as such.
Thus, it is stated, in the first place, that cybercrime itself is an effect of globalizing public policies, likewise the way of reaction to the rise of cybercrime occurs through preventive public policies, the effects of which do not The objectives sought are the success of society and the increase in the perception of insecurity within the space and the effects sought, such as the dismantling of the private sphere of the individual by the State, as well as the greater interference of the State in the dynamics of cyberspace. Secondly, that the impacts of the rule are almost nil, the rule only aims to regulate cybercrime, and since these are constantly and rapidly evolving, the rules acquire a largely obsolete character,In addition to this and also a product of the evolution of cybercrime, these rules are not known by the population, which makes them more obsolete.
Finally, sweeping all of the above, the effects in terms of regulation and prevention, come mainly from public policy and in a subsidiary way and to a small extent from the norm, they are also mostly negative effects, which degrade the ways of insertion of citizens within cyberspace. Which leaves us with several questions: should cyberspace be controlled solely by public policy and standards? If yes, are the correct types of public policies being applied? And also, is it possible that cybercrime is a field that allows for new forms of regulation and public policy formulation?
REFERENCES
Penal Code, LAW 599 OF 2000 (Congress of the Republic of Colombia July 24, 2000).
Law 1273 of 2009 (Congress of the Republic of Colombia January 5, 2009).
Document CONPES 3701: POLICY GUIDELINES FOR CYBER-SECURITY AND CYBER-DEFENSE (NATIONAL COUNCIL FOR ECONOMIC AND SOCIAL POLICY, REPUBLIC OF COLOMBIA, NATIONAL DEPARTMENT OF PLANNING 2011).
Document CONPES 3854: NATIONAL DIGITAL SECURITY POLICY (NATIONAL COUNCIL FOR ECONOMIC AND SOCIAL POLICY, REPUBLIC OF COLOMBIA, NATIONAL PLANNING DEPARTMENT April 11, 2016).
Time. (January 27, 2016). Retrieved on March 10, 2018, from
Time. (January 17, 2018). Retrieved on March 10, 2018, from
Gandini, I., Isaza, A., & Delgado, A. (January 5, 2009). DELTA newsletters. Retrieved on March 10, 2018, from www.deltaasesores.com/articulos/autores-invitados/otros/3576-ley-de-delitos-informaticos-en-colombia
Miró, F. (2012). Cybercrime, Phenomenology and criminology of crime in cyberspace. Madrid. Editorial Marcial Pons.
Year from which the CONPES document 3854 of 2016 “National Digital Security Policy” came into effect, the last public policy document developed in Colombia.
Mainly: “Convention on Cybercrimes” Budapest, November 23, 2001; Law 1273 of 2009; CONPES Document 3701 of 2011 “Policy Guidelines for Cybersecurity and Cyber Defense”; CONPES Document 3854 of 2016 “National Digital Security Policy”; and specifically Title VII BIS98 "On the Protection of Information and Data of the Colombian Penal Code".
Understanding cybercrime as the general approach to cybercrime.
"In all its forms: ridicule, ridicule, intimidation, threats, extortion, etc" (CCB, 2017, p. 8).
Officials of the Cyber Center of the National Police.
Lawyers specialized in Criminal Law and political scientists specialized in formulation, implementation and evaluation of public policies.
All people who are not older than 18 years and who depend greatly on cyber space.
Those officials of private companies who frequently use digital money transfers.
Criminal strategy is understood as those dynamics typical of criminal organizations that make use of cyberspace, as a dimension in which legality is difficult to investigate and prosecute.
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