To begin with, what are the key Italian laws and statutes concerning cybercrime? First of all, I point at the Criminal Code, which since 2008 has provided for and punished cybercrimes in the strict sense. These include cyber fraud, abusive access to a computerised or telematic system, damage to data and software, dissemination of viruses and malware, and other crimes that can also occur as cybercrime, such as extortion, identity theft, money laundering, misuse of payment cards, solicitation of minors, revenge porn, and cyberstalking. Equally relevant are special laws that punish additional crimes that can also be committed through the Internet, including intellectual property infringement. In relation to the prosecution of cybercrime, relevant laws include L.L. 48/2008, which ratified the 2001 Council of Europe Cybercrime Convention, known as the Budapest Convention, and the law on the establishment of the European Investigation Order, which established international cooperation in the investigative field. Specific mention should be made of Decree Law 82/2021, which established the National Cybersecurity Agency, aimed at combating cybercrimes that harm national interests. The relevant European regulations are many, and among them, I highlight Directive 2013/40/EU of the European Parliament and of the Council on attacks against information systems; the Digital Operational Resilience Act, which become effective as of 16 January 2023, in order to create a common framework for financial sector oversight; and Council Decision 2023/436 of February 14, 2023, authorising member states to ratify the Second Additional Protocol to the Convention on Cybercrime regarding enhanced cooperation and disclosure of electronic evidence to improve 92 LAWYER MONTHLY JULY 2023 The Threat of Cybercrime in Italy Thought Leader As modern society becomes fully digitalised, cybercrime’s potential to cause damage grows ever greater. This threat is especially magnified as digital attacks become a staple of warfare. In this feature, criminal lawyer Licia Dal Pozzo draws upon her experience in handling cybercrime cases to outline the threat cybercrime poses to Italy and the EU as a whole.
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