Cyberterrorism

What is cyber terrorism?

Cyber terrorism refers to terrorist activities aimed at penetrating both public and private databases, hacking websites, intentionally placing viruses on certain files, ... with the aim of disrupting Internet services, destroying or altering data.

Every business, sooner or later, may suffer from computer viruses that affect their computer systems. The damage can be enormous when terrorists are able to shut down certain computerized production processes or deceive certain controlling equipment (for example: aviation, payments, water supplies, electricity, etc.).

When is cyber terrorism punishable?

As terrorist crimes, the Criminal Code considers a number of "ordinary" crimes committed with a terrorist intent.

This terrorist intent is clarified in Article 137 §1 Criminal Code:

The crime defined in §§ 2 and 3 shall be considered a terrorist crime that, by its nature or context, can seriously harm a country or an international organization and is intentionally committed with the aim of causing serious fear to a population or unlawfully compelling the government or an international organization to perform or refrain from performing an act, or seriously disrupting or destroying the basic political, constitutional, economic or social structures of a country or an international organization.

 

One of the crimes mentioned in the list of Article 137 §2 can be applied in an online context, being that of 4°:

the large-scale destruction or damage referred to in Articles (...) 550a, § 3, 3° (...) , endangering human life or causing significant economic damage;

Article 550bis §3, 3° Criminal Code refers to the crime of (both internal and external) hacking and or any damage, even unintentional, caused to the informatics system or to the data stored, processed or transmitted by means of the informatics system or to an informatics system of a third party or to the data stored, processed or transmitted by means of the latter informatics system;

Cyber terrorism thus occurs in the case of hacking and causing damage to an information technology system with a terrorist intent that endangers human life or causes significant economic damage.

What is the penalty for cyber terrorism?

The penalty is incarceration from 5 to 10 years (art. 138 Criminal Code).

Contact

Questions? Need advice?
Contact Attorney Joris Deene.

Phone: 09/280.20.68
E-mail: joris.deene@everest-law.be

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