Teaching code

4S009084

Credits

6

Coordinator

Barbara Vettori

Language

English

Scientific Disciplinary Sector (SSD)

IUS/17 - CRIMINAL LAW

Moodle Seminars 0

The teaching is organized as follows:

Learning objectives

The course will provide the conceptual, methodological and cultural basis to analyze and study the “ICTs Criminal Law”, cybercrimes and computer-related crimes and the “technological investigations”, developing the capacity in using correct and specific language and discourse. Students will gain, following this method and in subiecta materia, legal and technical expertise both on substantive criminal law and procedure criminal law levels. The course will study the new illegal phenomena related to the use of the new technologies and Internet, also through social networks (for example: online defamation, frauds - connected to online banking, phishing, identity theft - privacy violation, copyright infringement, child pornography, child grooming, cyberterrorism, cyber laundering). The course will analyze, taking into consideration real cases, the applicable criminal law, in particular for illegal activities down to the new concept of “cybercrime”, which is a transnational and global crime. For this reason it’s necessary to analyze the most important international and European legal sources (Cybercrime Convention and Lanzarote Convention of the Council of Europe, European directives on: attack against information systems, child pornography, intellectual property, e-commerce and privacy) Special attention will be given to the Internet Service Providers criminal liability, subject of recent European Court of Justice and Italian Corte di Cassazione judgements (cases Google, Netlog etc.). In this area particular attention will be paid to the need to regulate the collection of data and the digital evidence, which are becoming increasingly important for the detection and prosecution of every criminal offence, not only “cybercrime”.

Prerequisites and basic notions

Good knowledge of English, both written and spoken.

Program

The course aims to provide conceptual and methodological skills to analyse and understand cybercrime, a term we use to refer to a variety of crimes that have emerged thanks to new technologies, such as: cyber-dependent crimes (that can only be committed using computers and other technological devices, such as unauthorized access to computer networks); cyber-assisted crimes (not new crimes that are enhanced by new technologies, such as identity theft and fraud); cyber-assisted crimes (traditional offences whose commission is simply facilitated by technology, such as cyber-extortion).
The course is divided into three modules. The first is devoted to defining the phenomenon from a criminological perspective and discussing the main data sources available to measure it. It also discusses criminological theories useful in explaining these forms of delinquency.
The second module takes an in-depth look at the perpetrators of cybercrime (profiles, motivations, differences from "traditional" criminals), also in organized form (cyber-organized crime, cyber-terrorism, and cyber-warfare), and their victims. Then, the main prevention strategies (primary, secondary and tertiary) of cybercrime are examined, with particular attention to the contribution of artificial intelligence and machine learning.
The third module analyzes the criminal response to the phenomenon. Since these crimes are transnational and global, we focus on the main international and European legal sources for criminal law and procedure (Council of Europe Convention on Cybercrime and Lanzarote Convention, as well as European directives on the following topics: Attacks on Information Systems, Child Pornography, Intellectual Property, Electronic Commerce and Data Protection).

Bibliography

Didactic methods

Frontal teaching.

Learning assessment procedures

Oral exam.

Evaluation criteria

At the end of the course, the student must demonstrate that he/she:
- is knowledgeable about the phenomenology, terminology, data sources and etiology of cybercrime;
- can discuss the profiles of perpetrators and victims of cybercrime;
- can distinguish between primary, secondary and tertiary prevention strategies for this phenomenon;
- can discuss the main legal tools (criminal law and criminal procedure) to combat the phenomenon.

Criteria for the composition of the final grade

In the oral examination, questions will be asked that relate to all three modules into which the course is divided. The final grade assigned will therefore summarise the student's level of knowledge in the three areas.

Exam language

Inglese o italiano (a scelta dello studente) - Either English or Italian (student's choice).