Introduction

The scientific and technological revolution, which we are witnesses, entailed serious social changes, the most important of which is the emergence of a new type of social relations and public resources - information.

Information has become the fundamental principle of the life of modern society, the subject and product of its activity, and the process of its creation, accumulation, storage, transmission and processing, in turn, has stimulated progress in the field of its production tools: electronic computer technology, telecommunications and communication systems. The consequence of information processes in society is the emergence and formation of new social relations  and change to existing ones.

However, new information technologies gave impetus not only to the progress of society, but also stimulated the emergence and development of previously unknown negative processes. One of them is the emergence of new types of offenses.

Crime today has become one of the main destabilizing factors in the development of our society. Its scale poses a real threat to the process of the formation of Russian statehood, the successful implementation of socio-economic reforms. The dangerous processes of merging traditional crime with the so-called "white-collar" - economic and computer - are gaining momentum. It is not difficult for Russian specialists who are part of domestic organized criminal groups and communities engaged in criminal activities, including in the territories of the USA and Western Europe, to “crack” many information protection systems and gain access to information constituting state or commercial secret. Also, one of the negative social consequences of developing scientific and technological progress is the change in the nature of crimes and the ways they are committed:

· the dynamism of the crimes committed, the mobility and technical equipment of the criminals increased. Organized criminal groups use radio communications (radio stations, paging, cellular, and even space communications), navigation, electronic computers (computers), radio monitoring hardware, and some operational hardware to prepare and commit unlawful acts;

· new types of crimes have appeared - the use of computers for appropriation of property, theft of software and programs from automated systems, blackmail with the help of computers, etc .;

· organized criminal groups use the latest achievements of science and technology in their activities - apply systems approach  when planning operations; develop optimal options for their implementation and support; create electronic tracking and surveillance systems.

Critical task of ensuring information security  is for organs state power, since, conditionally, at an abstract level, the work of a public servant can be defined as a continuous process of collecting, processing, analyzing and transmitting information of various importance categories from the point of view of ensuring its protection. It is necessary to develop an effective system of practical measures to ensure information security in data processing using computer technology and data transmission tools. And if the system of data protection measures when working on a separate PC is well developed and regulated, this cannot be said for distributed data processing and transmission systems (local area networks, regional and departmental systems, public networks).

Unfortunately, the theft of computer software, which is carried out through illegal copying and further replication of licensed software products, has become the norm today. Software piracy is considered the most common and most “expensive” type of computer crime. Thus, according to various legal services, the damage from the activities of intellectual pirates in 2005 amounted to more than one billion US dollars in the whole country. According to the Russian Ministry of Internal Affairs today, this phenomenon is becoming threatening in Russia.

Offenses in the field of new information technologies can be defined as all unlawful and socially harmful forms of behavior that are carried out using computer equipment, telecommunications and communication systems. Most of the illegal forms of behavior characteristic of the use of computer technology are aimed at damaging property, which depends on data stored in the computer's memory.

information offense

Legal nature of an information violation

The general doctrine of the offense and legal liability is presented, on the basis of its basic provisions the legal nature of the information offense is considered.

Based on the positions of scientists in the field of the general theory of law (S.S. Alekseev, A.V. Malko, V.D. Perevalov, A.F. Cherdantsev, etc.) and information law  (I.L. Bachilo, P.U. Kuznetsov and others), in the course of studying the essence of an information offense, a model for the correlation of the categorical pair “offense” and “legal liability” is presented, the legal grounds for their mutual influence are considered. Such an analysis has not only strictly scientific significance for determining the legal nature and essence of an information offense, but also for the practice of forming information legislation.

In science, it is customary to correlate the concepts of “offense” and “legal liability” through the inclusion of a mechanism legal regulation  in the resolution and prevention of conflict situations through the institution of liability for offenses.

The close relationship between the offense and legal responsibility is manifested not only in the algorithm of the composition (object, subject, objective and subjective side) of the offense and its factually forming property of the emergence of a protective legal relationship (V.N. Kudryavtsev), not only in the completeness of the dynamics of the unlawful acts of the attacker, and the onset of legal punitive consequences and the right of remedial measures. The existence of legal permissions and prohibitions (S.S. Alekseev), restrictions and incentives (A.V. Malko) as various methods of legal regulation and ensuring the interests of the subjects of the information sphere is important for determining the nature of the offense. It seems that all of the above means of legal influence on the establishment of law and order in information field have the most significant value, since with their help the legislator clearly defines the boundaries of the lawful behavior of subjects of public relations regarding information objects that have increased complexity and structure-forming quality.

By analyzing the aforementioned flexible legal instruments for influencing informational relationship, the author agrees with P.U. Kuznetsov on their integration into special regime rules for the formation of legal norms combining the prohibition, permission, restriction or stimulation of actions of subjects of information legal relations in order to protect rights and interests, as well as to solve the problems of preventing information offenses. The effective implementation of such goals is determined by the need for a clear and extremely clear reinforcement in the rule of law of the system of permissions, prohibitions and restrictions that become the content of the information offense. At the same time, their close relationship with the norms defining legal liability is manifested. This problem in jurisprudence is solved by constructing a model of specific offenses (A.F. Cherdantsev). The formation of specific elements of information offenses largely depends on how specific permissions, prohibitions or restrictions that form the legal regime in the information sphere are defined in the norms of the law of information legislation.

Thus, the essence of the information offense is manifested in the close connection of the rules providing for legal responsibility for their commission, with the system of permissions, prohibitions, restrictions and incentives that form the legal regime in the information sphere. Not only the effectiveness of constructing informational offenses composition, but also the solution of the tasks of counteracting informational offenses to a large extent depends on the degree of such connectedness.

The abstract provides an analysis of the current situation with the spread of integrity violations information systems, the placement in the public information environment of human activity of information of limited use (A.V. Minbaleev), which has socially harmful content or a high level of its public danger, as well as copyright infringement on the Internet. The author gives reasons for the possibility of including, depending on the situation, the legal regime in the information sphere along with legal organizational and technical and technological means to ensure the protection of the information interests of individuals, society and the state.

The content and scope of the concept of information offense are presented.

In the course of presenting signs denoting phenomena, processes and conditions that are closely related to information offenses, in particular, the main approaches to understanding the information sphere, the information environment, are examined in detail information tools  and systems, information technology.

The basic condition for investigating the essence of an information offense as a phenomenon is its general scientific representation in terms of analyzing its essential features, abstracting properties and relationships, comparing it with other objects and phenomena.

The general properties of this phenomenon belong to a more general class (set) of concepts - the category of “offense”. Among these properties and signs, the general theory of law distinguishes: unlawfulness, public danger, tort ability and guilt.

The general concept of an “offense” and its categorical features, as applied to various areas of human activity, retain their content and quality. At the same time, the properties and signs characteristic of all such areas of activity have their own distinctive features and essential features. The analysis of the informational field of human activity and its modern features have allowed the author to discover many of them, and among them to identify the most significant, preserving their quality in all the variety of illegal actions.

Information offenses are committed mainly in a special area of \u200b\u200bhuman activity - in the information sphere, i.e., in the field of search, creation, processing, transmission, receipt, storage, protection and use of all kinds of information about the world (information). Often they are performed using information tools and technologies for working with information, regardless of its form.

Information offenses can be committed in various spheres of human activity. Important circumstances for the commission of information acts are the conditions of the environment for their implementation, which are associated with the use of information, information tools and technologies for working with information regardless of its form. The totality of such conditions is usually called the information environment (I.L. Bachilo, P.U. Kuznetsov).

Information offenses have general and special features that are essential for this class of offenses.

Common signs include unlawfulness, social danger, tort ability and guilt. Special features include the information sphere, the information environment for their implementation, the use of information tools and technologies. The analysis of special features is based not only on their legal definitions, but also on knowledge in the field of related disciplines of jurisprudence.

Based on the analysis of general and special features, the definition of the concept of an information offense as a socially dangerous (harmful), unlawful, guilty act (action or inaction) is formulated as a tort of a capable person committed in the information sphere and (or) using information tools and technologies for working with information independently from its form, or in another area of \u200b\u200bhuman activity in an information environment.

After analyzing the essence of information offenses and the presence of phenomena closely related to them, it can be said that illegal acts are closely related to the use of various technical and technological systems (computers, computer communication networks), techniques and methods of influencing the information environment. This feature of the use of such "technical" information tools allows us to conclude that the concept of " information offense”Absorbs such concepts as“ computer crime ”,“ computer crime ”,“ cyber crime ”and suggests considering them as varieties of information offenses, since cyberspace as a medium is part of the information sphere.

System of legislation on liability for information offenses

The rules of law by their nature objectively retain an inert beginning and lag behind dynamically developing social relations. This quality is of undoubted value in the "traditional" conditions and forms of development of society, however, in the information age, "inhibition" introduces the uncertainty of the situation associated with the legal support of the information interests of the individual, society and the state.

The role and place of international legal acts in the regulation of the information sphere, their influence on the formation of legal support for the protection of the interests of subjects of information legal relations in Russia are noted.

The special role of the regulatory provisions of the Constitution of the Russian Federation, which is the core of the Russian legal system, is analyzed, as well as the significance and place of “general legal categories introduced by constitutional law” (A. Kokotov), \u200b\u200bwhich have a defining content for legal concepts and structures of information law.

In particular, the existence and genesis of the constitutional-legal value “freedom of information” is compared with its constitutional restrictions, as well as with the sectoral regime for restricting the dissemination of certain types of information and the presence of corresponding informational offenses. A comprehensive study of the categories of “abuse of law” and “respect for the rights and freedoms of others” (clause 3 of article 17 of the Constitution of the Russian Federation), an intersectoral analysis of the rule of law and the concretization of information and legal restrictions and prohibitions of certain types of activities of participants in the information sphere (for example, the media , operators and users of the Internet) allowed the author to discover the incompleteness of the process of legislative consolidation of certain elements of information offenses involving liability for abuse of rights and failure to Agen rights of others in the exercise of their rights and freedoms.

By way of comparison, we compare the norms of the basic federal laws of the information legislation system (on information, on access to official information, on personal data, on communications, on trade secrets, on digital signatures, etc.) with the legal norms of codes (Criminal Code of the Russian Federation, Administrative Code of the Russian Federation , Labor Code of the Russian Federation, Civil Code of the Russian Federation), defining responsibility for various information offenses. In the course of such an analysis, attention is paid to insufficient efficient use the legislator of the whole variety of legal means for the formation of regulatory material, especially such instruments as prohibitions, restrictions and incentives, their implementation in the design of informational offenses (especially in the formation of a system for their prevention).

They consider options for foreign legislation ensuring the rule of law in the information sphere, in particular, laws of the USA, Great Britain, France, Canada, Australia, etc. Examples of domestic and foreign judicial practice in cases of violations in the information sphere are presented.

An analysis of the legislation on liability for information offenses allowed us to say that the system of permissions and prohibitions established in regulatory legal acts that determine the regime in the information sphere does not fully comply with the structures of information offenses. The system of restrictions and incentives by the legislator is not used actively enough, which does not allow to effectively counteract violations in the information sphere.

Place of the institute of responsibility for information offenses in the system of the information law industry

It is noted that the rules governing the information sphere and public relations are contained both in the information legislation itself and in other industries. Moreover, the main part of the rules relating directly to liability in the information sphere, i.e., containing specific sanctions, is in the Criminal Code and the Code of Administrative Offenses. But these two normative legal acts do not limit the framework of the institution of responsibility for information offenses. Of decisive importance for the existence of legal liability for unlawful acts in the information sphere are the norms that form the state of unlawfulness as part of the signs of an information offense. Such norms are concentrated in basic federal lawsdefining general provisions wrongfulness (basic concepts of the information sphere and their definitions, principles of legal regulation of information legal relations, legal status and general rules of conduct for participants, etc.). Moreover, the legal norms of basic laws are correlated as general norms with respect to industry norms, they contain general nature of legal permissions, prohibitions and restrictions, which are the basis of the sectoral composition of information offenses. Norms defining more specific rules of behavior and regimes are located in industry regulatory legal acts. At the same time, the highest degree of certainty and consistency in the composition of information offenses is reflected in the Criminal Code and the Code of Administrative Offenses of the Russian Federation.

A comparison of these legal norms allows us to identify their intersectoral homogeneity and logical coherence (consistency). The question is asked about the presence in the system of law of complex structural entities, including complex industries and complex institutions. Based on the position of scientists in the field of the general theory of law (for example, S.S. Alekseev, A.F. Cherdantsev) and information law (I.L. Bachilo, P.U. Kuznetsova, A.A. Streltsova, T .A. Polyakova et al.), One can join the researchers' point of view that information law is a complex branch of the legal system, consisting of a set of complex institutions.

The homogeneity of the rules of law that determine responsibility for information offenses and the isolated protective public relations reflected in them mediates the existence of an intersectoral complex nature of them.

The Institute of Responsibility for Information Violations as a set of protective norms of the legal system is an interdisciplinary structural formation that ensures the safety of public relations in the information sphere and is aimed at protecting the interests of the individual, society and the state in the information sphere.

The Institute for Responsibility for Information Violations is an interdisciplinary complex institution of information law that performs an important protective function in it, since it is aimed at protecting public relations in the information sphere.

The grounds for the classification of information offenses

Administrative types of information offenses are located in the Code of Administrative Offenses of the Russian Federation. Individual varieties are isolated in chapter 13 of the code, depending on the existence of a generic object of unlawful assault - public relations in the field of communication and information. Most of the informational offenses are located in other chapters of the code. The generic object of such offenses is public relations in various areas of human activity, they are highlighted in other chapters of the Code of Administrative Offenses of the Russian Federation - “environmental protection and nature management” (Article 8.5), “finance, taxes and fees, the securities market” (Article 15.19 , 15.21, 15.22), “military registration” (Art. 21.1,21.2,21.4), etc. The named offenses are committed in the information environment, moreover, some of them are aimed at various information objects. By virtue of which the nature and content of such areas of human activity gives the generic object of encroachment an optional property. With this arrangement of the rules on liability for information offenses, the legislator used one of the methods of legal technology - the rationality of organizing the structure of the code (E. V. Rakitina).

Criminal offenses as a type of information offenses are arranged in a similar manner. In a separate chap. 28 of the Criminal Code of the Russian Federation separate the corpus delicti in the field of computer information, and all other corpus delicti, by their nature and attributes related to information, are placed in other sections and chapters of the Criminal Code. It is noteworthy that the legislator chose a different generic object different in name — the “sphere of computer information” in the Criminal Code of the Russian Federation and the “area of \u200b\u200bcommunication and information” of the Administrative Code of the Russian Federation as a criterion for isolating the elements of information crimes.

The noted rationality of the formation of the structure of regulatory material is not fully justified, since it does not take into account all the features of the modern situation with the state of information offenses. Firstly, not all types of committed illegal acts in the information sphere are reflected in the codified normative legal acts. Secondly, there is no differentiation of responsibility for offenses committed using very “effective” technical and technological information tools for committing offenses, the object of which are objects of public relations that are most important for an individual, state, and society (as a rule, these are vital interests). At the same time, the danger of such offenses is significantly increased, since they are dynamic and secretive, but this is not reflected in the texts of the norms.

In the abstract, significant special features of the concept of an information offense are considered as criteria for incorporation from many other offenses. The main criterion for separating information offenses into a separate group is the information sphere, and an additional basis for classification is the information environment for their commission, as well as the use of various information tools and technologies.

The above grounds for isolating information offenses make it possible to determine their additional composition, as well as to differentiate responsibility depending on whether the attacker uses information tools and technologies when committing attacks on other objects or not.

The possibility of identifying unlawful acts in the areas of their commission and depending on the use of technological means allowed the author to present an information offense in a certain coordinate system of their influence on a particular area of \u200b\u200blife. Such an idea is essential for understanding the means and methods. legal protection  informational interests of the individual, society and the state. In particular, when differentiating legal norms providing for different types and degrees of responsibility for information offenses.

The second classification basis considers types of responsibility for committing information offenses. Depending on the types of responsibility, many of them are divided into information crimes, administrative information offenses, disciplinary information offenses and civil information offenses.

Types of Information Violations

Specific types of information offenses are given.

The most appropriate for the separation of information offenses is the criterion of responsibility for committing offenses. Therefore, certain types of information offenses are referred to as sectoral. However, not all varieties of responsibility are considered as the subject of this study (for example, the constitutional or procedural type of responsibility), since they are not typical for society.

The scientific positions in the field of the general theory of law and branch legal sciences about crimes, administrative offenses, civil tort, disciplinary offenses are analyzed in order to establish in which part they can be applied to the relevant information offenses. Separately presented regulatory legal actsproviding for legal liability for a particular type of information offense. Other considered regulations, which are of direct importance for solving questions of what kind of act is considered an information offense, the judicial practice in cases involving industry-specific information offenses has been studied.

The author uses the concept of an information offense when substantiating industry definitions that reveal the essence of specific types of information offenses, depending on the type of liability that is provided for their commission.

Definitions of the concepts of industry information offenses, which have some differences from those given in separate codes, are given.

An information crime is a socially dangerous, unlawful, criminal liability, guilty act (action or inaction) tort of a capable person committed in the information sphere and (or) using information tools and technologies for working with information regardless of its form, or in another areas of human activity in the information environment.

Civil information offense - a socially harmful, unlawful, guilty act infringing on property and non-property benefits, a tort of a capable person committed in the information field and (or) using information tools and technologies for working with information regardless of its form, or in another area of \u200b\u200bhuman activity in information environment conditions.

Disciplinary information offense - a socially harmful, unlawful, guilty act infringing on the established labor or service law and order, a tort of a capable person committed in the information field and (or) using information tools and technologies for working with information regardless of its form or in another area of \u200b\u200bhuman activity in the conditions of the information environment.

Conclusion

The computer is the most promising crime weapon in the future. Already, the economic damage from computer crimes in developed countries is comparable to the benefits of their introduction, and social, moral losses are generally not measurable. A business survey by the American Bar Association indicates that nearly half of the crimes in the business world are related to computer use. According to a special report by the Computer Security Institute located in San Francisco, California, in 2006 the number of computer crimes in the United States increased by 16 percent compared to 2005. The report is based on a survey of the leaders of 520 state and public organizations, as well as private US firms, who reported that their losses from these types of crimes in the past year amounted to 136 billion US dollars. There were professional "computer criminals" in our country (a well-known example - "hacker" Levin).

It is quite obvious that the fight against such manifestations requires a preliminary study of social factors contributing to the commission of these offenses, the development of adequate scientific methods, more advanced technical means of disclosure and investigation, the conduct of special operational-search and operational-technical measures, etc. To ensure an effective fight against crime in the context of the development of scientific and technological progress, methods and means should be used that are at least as effective as those used by organized criminal groups in their activities.

Given the wide spread of offenses in the field of new information technologies in developed countries, significant experience in dealing with these phenomena in the West, it is important to correctly use the materials of foreign experience in this new area of \u200b\u200blaw enforcement.
   ... elements of a complex multifaceted process of crime prevention: its information support, planning, the procedure for applying the main ... Administrative offense

The problem of the administrative process as a whole and in relation to legal activity is not sufficiently developed in the domestic legal science. Important issues of administrative offense and administrative responsibility from the standpoint of theory ...

Theme 1.2.Legal norms related to information, offenses in the information sphere, measures to prevent them.

  Information is ansubject of legal regulation . Information is not a material object, but it is recorded on material carriers. Initially, information is stored in a person’s memory, and then it is alienated and transferred to tangible media: books, disks, tapes, and other drives intended for storing information. As a result, information can be replicated through the distribution of material media. The transfer of such a material carrier from the owner of the information that creates the specific information to the user will entail the loss of ownership of the owner of the information. The intensity of this process has increased significantly due to the spread of the Internet. It is not a secret for anyone that very often books, music and other products of human intellectual activity, without any consent of the authors or publishers, are posted on various sites without links to the original source. The intellectual product created by them becomes the property of many people who use it for free, and at the same time, the interests of those who created it are not taken into account. Taking into account that the information is practically no different from another property, for example, cars, houses, furniture and other tangible products, we should talk about the existence of similar ownership rights to information products.

  Property rights   consists of three important components:   the right to dispose, the right to own, the right to use.

  Right of disposal is that only the subject-owner   of informationhas the right to determine to whom this information may beprovided by .

Ownership right   must provide the subject-to the owner   of informationstorage   information inunchanged form. No one , except him,can't change her .

  Right of use   provides the subject-to the owner   information right heruse of onlyin their interests .

Any subjectthe user must acquire these rights before using the information product that interests him.

Any law on ownership governs the relationship between the owner and the user.

Laws should protect both the rights of the owner and the rights of legal owners who have acquired the information product in a legal way. Normative legal basis  legal documents: laws, decrees, decrees that ensure civilized relations in the information market.

"Legal regulations  legal regulation of information "

"On Information, Information Technologies and Information Protection" No. 149-ФЗ dated 07/27/2006. Summary: Regulates the attitude arising from the exercise of the right: the search, receipt, transmission and production of information. Application of information technology. ensuring information security.

Criminal Code section "Crimes in the field of computer information" No. 63-FZ Date of adoption: 1996 Summary: Defines the punishment for "Computer crimes". Illegal access to computer information. Creation, use and distribution of computer malware. Violation of the rules of operation of a computer or network.

  "On personal data" No. 152-FZ of 07.27.2006. Summary: Its purpose is to protect the rights and freedoms of man and citizen in the processing of his personal data and to ensure the right to privacy.

The Council of Europe Convention on Computer Information Crime was signed in Budapest. ETS 185 dated 10.23.2001 Summary: She gave a classification to computer crimes, considered measures to prevent computer crimes, and agreed to exchange information between European countries on computer crimes.

Additional material:

Federal Law of 06.04.2011 N 63-ФЗ "On electronic signature"

Federal Law of December 29, 2010 N 436-ФЗ "On the Protection of Children from Information Harmful to Their Health and Development"

Information offenses .

  Offense - a legal fact (along with an event and an action), actions that are contrary to the rule of law (antipode to lawful behavior). Offenses are always associated with a violation by a certain person (s) of the current norm (s) of IP and the rights of other subjects of information legal relations. Moreover, these violations are socially dangerous and may entail difficulties or additional rights and obligations for certain entities.

Information Technology Crimes include:

 the spread of malicious viruses;

 password cracking;

 theft of credit card numbers and other bank details (phishing);

 distribution of illegal information (slander, pornographic materials, materials that incite ethnic and religious hatred, etc.) via the Internet.

  Depending on how you use your computer when committing crimes   Mark Ekenweiler highlights the categories:

1. The computer is the subject of an offense when the purpose of the offender is to steal information or harm the system of interest to him.

2. Computers are used as a means of contributing to the commission of such a crime as, for example, an attempt to overcome the protection of the system (attack), or a more traditional crime (such as fraud) committed by electronic means.

3. The computer is used as a storage device.

  The main types of crimes related to tampering with computers

1. Unauthorized access to information stored on a computer.

Unauthorized access is usually carried out using someone else’s name, changing the physical addresses of technical devices, using the information left after solving problems, modifying the software and information support, theft of information carrier, installation of recording equipment connected to data transmission channels

2. Entering into the software “logic bombs” that fire when certain conditions are met and partially or completely disable the computer system.

3. Development and spread of computer viruses.

4. Criminal negligence in the development, manufacture and operation of software and computer systems, which led to grave consequences.

5. Fake computer information.

6. Theft of computer information.

  Computer Crime Prevention

In the development of computer systems, failure or errors in the operation of which can lead to serious consequences, computer security issues become priority. Many measures are known to prevent crime.

  Technical measures include :

   protection against unauthorized access to the system,

 reservation of critical computer subsystems,

 organization of computer networks with the possibility of redistributing resources in the event of a breakdown in the performance of individual links,

 installation of fire detection and extinguishing equipment,

 water detection equipment,

 adoption of structural measures to protect against theft, sabotage, sabotage, explosions, the installation of backup power systems,

 equipping premises with locks, installing an alarm system and much more.

Organizational measures include:

   computer center security,

 careful staff selection,

 exclusion of cases of conducting critical work by only one person,

 the availability of a plan for restoring the center’s health after its failure,

 the organization of the service of the computer center by an outside organization or persons uninterested in hiding the facts of a malfunction of the center

 universality of protection against all users (including top management),

 assignment of responsibility to persons who must ensure the security of the center.

Legal measures include :

   development of rules establishing liability for computer crimes,

 improvement of criminal, civil law and legal proceedings.

 public control over the developers of computer systems and the adoption of international treaties on restrictions if they affect or may affect the military, economic and social aspects of the life of countries that conclude the agreement.

A survey of representatives of the security services of 492 companies gives an idea of \u200b\u200bthe most dangerous ways of committing computer crimes. Highest threat

Types of attacks detected in the last 12 months

Virus 83%

Corporate Abuse of Internet Access 69%

Mobile Theft 58%

Telecommunication fraud 27%

Theft of inside information 21%

System Penetration 20%

Several answers were allowed.

As known,most happily living is not a society in which all actions of people are regulated, and punishments for all bad actions are prescribed, but that which is guided, first of all, by ethical considerations .

Topic:  Legal provisions related to information, offenses in the information

sphere, measures to prevent them

The introduction of modern means of processing and transmitting information in various fields of activity served as the beginning of the evolutionary transition from the industrial to the information society. This process is called informatization. In order to understand the role of this process in history, we can draw an analogy with the concept of “industrialization”, which meant a transition from an agrarian society to an industrial one.

I will give a more complete definition of informatization, based on the wording given in the law Russian Federation  “On Information, Informatization and Information Protection” adopted by the State Duma on January 25, 1995.

Informatization   - a process in which conditions are created that satisfy the needs of any person in obtaining the necessary information.

Today in any country in one way or another, the process of informatization. Some countries are already on the verge information societyothers have a long way to go. It depends on many objective factors, which include: economic and political stability, the level of development of the country's industry, the presence of a state transition program, and many other factors.

Informatization of society is one of the natural signs of modern social progress. Today, the term “computerization” has decisively replaced the widely used term “computerization” until recently. With the external similarity of these concepts, they have a significant difference.

At computerization  The company focuses on the implementation and development of the technical base - computers, which ensure prompt receipt of information processing results and its accumulation.

At informatization  Society focuses on a set of measures aimed at ensuring the full use of reliable, comprehensive and operational knowledge in all types of human activity. goal informatization - improving the quality of life of people by increasing productivity and facilitating their working conditions. Informatization is a complex social process associated with significant changes in the lifestyle of the population. It requires serious efforts in many areas, including the elimination of computer illiteracy, the formation of a culture of using new information technologies.

Thus, the informatization of society is a broader concept than computerization. The emphasis in it is not so much on technical means, but on the essence and purpose of socio-technical progress as a whole. Computers - this is only the basic technical component of the process of informatization of society.

The above mentioned law defines the goals and main directions public policy  in the field of informatization. Informatization is defined as an important new strategic direction of the state. It is indicated that the state should engage in the formation and implementation of a unified state scientific, technical and industrial policy in the field of informatization.

The law creates the conditions for the inclusion of Russia in international exchange, prevents a mismanagement of information resources, ensures information security and the rights of legal entities and individuals. It defines a comprehensive solution to the problem of organizing information resources and legal provisions for their use.

The law lays the legal basis for guarantees of citizens' rights to information. It aims to resolve the most important issue of economic reform - the form, law and mechanism for the sale of ownership of accumulated information resources and technological achievements. Property protection is provided in the field of information systems and technologies, which contributes to the formation of a civilized market for information services, systems, technologies, and means of providing them.

With its help, it was possible to partially resolve issues of legal regulation in the information market: protection of the rights and freedoms of the individual; threats and damage associated with distortion, corruption, destruction of personal information.

I emphasize that the result of the process of informatization is the creation of an information society in which the main role is played by intelligence and knowledge. For each country, its movement from the industrial stage of development to the information one is determined by the degree of informatization of society.

Thus, the informatization of society can be called an organized socio-economic and scientific-technical process of creating optimal conditions for satisfying information needs and realizing the rights of citizens, state authorities, local authorities, organizations, public associations and so on based on the formation and use of relevant information resources.

Informational resources   - these are the ideas of mankind and instructions for the implementation of these ideas, accumulated in a form that allows their reproduction. These are books, articles, patents, dissertations, research and development documentation, technical translations, data on advanced production experience, etc. Information resources (unlike all other types of resources - labor, energy, mineral, etc.) grow faster, the more they spend.

Table 1. Information resources in professional activities

We do not say “worldwide radio network”, because radio has long become commonplace. It is in every house and every apartment. We do not say “worldwide telephone network”, although we can call anywhere on the globe where there are communication lines that span the most distant countries from each other. But we say “worldwide computer network”, because its development is still ongoing, in comparison with radio, telephone, television, which are being improved. All these technical means of communication and form a culture of information exchange, a new technical, social and economic level of civilization, create an information society with the following main features:

the presence of a global communication system;

computerization and informatization of society;

the emergence of a unified information environment, including libraries, archives, funds, data banks, information systems and so on;

improvement and development of technical data resources;

development, systematization and selection of software tools and products;

mastering user skills.

Kupriyanov A.I., Sakharov A.V., Shevtsov V.A. The basics of information security - M .: Academy, 2006.

Lesnichnaya I.G., Missing I.V., Romanova Yu.D., Shestakov V.I. Informatics and information technology. - M .: Eksmo, 2006.

Khoreev P.B. Methods and means of information security in computer systems - M .: Academy, 2005.

The law of the Russian Federation “On electronic digital signature”.

Law of the Russian Federation “On the legal protection of programs for electronic computers and databases”

Legal protection of programs and data. Protection of information. Legal protection of information. - http://www.5byte.ru/9/0041.php

Information is subject to legal regulation

Historically, the traditional object of ownership is a material object. Information in itself is not a material object, but it is fixed on material carriers. Initially, information is stored in a person’s memory, and then it is alienated and transferred to tangible media: books, disks, tapes, and other drives intended for storing information. As a result, information can be replicated through the distribution of material media. The transfer of such a material carrier from the owner of the information that creates the specific information to the user will entail the loss of ownership of the owner of the information.

The intensity of this process has increased significantly due to the total spread of the Internet. It is not a secret for anyone that very often books, music and other products of human intellectual activity, without any consent of the authors or publishers, are posted on various sites without links to the original source. The intellectual product created by them becomes the property of many people who use it for free, and at the same time, the interests of those who created it are not taken into account.

Taking into account that the information is practically no different from another property, for example, cars, houses, furniture and other tangible products, we should talk about the existence of similar ownership rights to information products.

Ownership consists of three important components: disposal rights, tenure rights and use rights.

· The right of disposition is that only the subject-owner of the information has the right to determine to whom this information can be provided. information intellectual property law

· The right of ownership should ensure that the owner of the information stores information unchanged. No one except him can change it.

· The right to use provides the subject-owner of information with the right to use it only in their own interests.

Thus, any user entity is required to acquire these rights before using the information product of interest to him. This right should be regulated and protected by state infrastructure and relevant laws. As with any property, this infrastructure consists of a chain:

legislative branch (laws) ® judicial branch (court) ® executive branch (punishment).

Any property law should govern the relationship between the owner and the user. Such laws should protect both the rights of the owner and the rights of legal owners who have acquired the information product legally. The protection of information property is manifested in the fact that there is a legal mechanism for protecting information from disclosure, leakage, unauthorized access and processing, in particular copying, modification and destruction.

Currently, the world community has already developed a number of measures on this issue, which are aimed at protecting property rights to an intellectual product. The legal framework is based on legal documents: laws, decrees, decrees, which ensure civilized relations in the information market. So, in the Russian Federation a number of decrees, resolutions, laws have been adopted.

Law of the Russian Federation No. 3523-I “On the legal protection of computer programs and databases” gives a legally accurate definition of concepts related to authorship and distribution of computer programs and databases. It determines that copyright extends to the indicated objects resulting from the creative activity of the author. The author has the exclusive right to publish programs and databases, their distribution, modification and other use.

For the current state of our society, it is precisely the issues related to the violation of copyright and property rights that are the most relevant. A significant part of the software used by individuals and even organizations obtained through illegal copying. This practice impedes the development of a civilized market for computer software and information resources.

This issue has become especially relevant for our country in the process of Russia's accession to international organizations and unions - for example, to the World Trade Organization. Non-observance of property rights in computer software has been the subject of criminal prosecution in practice.

The Law of the Russian Federation No. 149-F3 “On Information, Information Technologies and Information Protection” regulates relations arising from:

· Exercise of the right to search, receive, transmit and produce information;

· Application of information technology;

· Ensuring the protection of information.

In 1996, the section “Crimes in the field of computer information” was first introduced into the Criminal Code. He defined a measure of punishment for some types of crimes that have become common:

· Unlawful access to computer information;

· The creation, use and distribution of computer malware;

· Intentional violation of the rules of operation of computers and networks.

In 2006, Law No. 152-0F3 “On Personal Data” entered into force, the purpose of which is to ensure the protection of the rights and freedoms of man and citizen in the processing of his personal data (with or without automation), including the protection of privacy rights privacy.

Legal regulation in the information sphere, due to its rapid development, will always lag behind life. As you know, the happiest life is not in a society in which all actions of people are regulated, and punishments for all bad deeds are prescribed, but one that is guided, first of all, by ethical considerations. This means in this case that the information is not stolen, not because punishment is prescribed for it, but because a person considers theft to be a low act, discrediting himself. It is to such relations between the state and the individual, as well as between individual members of society, we should strive for.

Currently, the solution to the problem of legal regulation in the field of formation and use of information resources is in the initial stage in Russia. It is extremely important and relevant to adopt such legal acts that could ensure:

· Protection of the rights of producers and consumers of information products and services;

· Protection of the population from the harmful effects of certain types of information products;

· The legal basis for the functioning and application of Internet information systems, telecommunication technologies.

From the point of view of distribution and use, the software is divided into closed (non-free), open and free:

Closed (non-free) - the user receives limited rights to use such a software product, even acquiring it. The user does not have the right to transfer it to other persons and is obliged to use this software under the license agreement. The license agreement usually regulates the purpose of the application, for example, only for training, and the place of application, for example, only for the home computer. It is impossible to distribute, view the source code and improve such programs, which is enshrined in the license agreement. Violation of the license agreement is a violation of copyright and may result in the application of legal liability measures. For violation of copyright in software products, Russian legislation provides for civil, administrative and criminal liability.

Open source software - has open source code, which allows anyone to judge the methods, algorithms, interfaces and reliability of a software product.

Open source code does not imply free distribution of the program.

The license stipulates the conditions under which the user can change the program code in order to improve it or use fragments of the program code in their own developments.

Responsibility for violation of the terms of the license agreement for open source software is similar to closed (non-free).

Free software - gives the user the right, or more precisely, the freedom to unlimited installation and launch, free use and study of the program code, its distribution and modification. Free programs are also legally protected, they are subject to laws governing the implementation of copyright.

The principles of free software were first formulated in the 70s of the last century.

Free software is heavily used on the Internet. For example, the most common Apache web server is free, Wikipedia runs on MediaWiki, which is also a free project.

Free software, in any case, can be freely installed and used on any computer. The use of such software is free everywhere: in schools, offices, universities, on personal computers and in all organizations and institutions, including commercial and state ones.

Legal regulations related to information, offenses in the information sphere, measures to prevent them Legal regulations related to information, offenses in the information sphere, measures to prevent them discipline "Informatics" specialty "Pharmacy" Completed by: Korotkova Kristina, student group 29 fm 4 Head : Lazovskaya Irina Valeryevna, teacher of computer science 2015

Legal norms related to information 1. Introduction Introduction 2. Legal norms related to information. Legal provisions related to information. 3. Offenses in the information sphere. Information law offenses. 4. Measures for the prevention of offenses in the information sphere. Measures to prevent crime in the information sphere. 5. Conclusion Conclusion 6. List of used information resources List of used information resources 7. Appendix Appendix Contents

INTRODUCTION Information is subject to legal regulation. Information is not a material object, but it is recorded on material carriers. Initially, information is stored in a person’s memory, and then it is alienated and transferred to tangible media: books, disks, tapes, and other drives intended for storing information. As a result, information can be replicated through the distribution of material media. The transfer of such a tangible medium from the owner-entity that creates specific information to the user-entity entails the loss of ownership of the owner of the information.

INTRODUCTION The intensity of this process has increased significantly due to the spread of the Internet. It is not a secret for anyone that very often books, music and other products of human intellectual activity, without any consent of the authors or publishers, are posted on various sites without links to the original source. The intellectual product created by them becomes the property of many people who use it for free, and at the same time, the interests of those who created it are not taken into account. Taking into account that the information is practically no different from another property, for example, cars, houses, furniture and other tangible products, we should talk about the existence of similar ownership rights to information products.

Legal norms related to information The system of copyright sources represents a fairly complete set of legislative acts regulating copyright relations related to the creation and use of works of science, literature and art.

Legal rules relating to information Ownership consists of three important components: O The right to dispose is that only the subject - owner of the information has the right to determine to whom this information can be provided; O The right of ownership should ensure that the owner of the information stores the information unchanged. No one except him can change it; O the right to use gives the subject owner of the information the right to use it only in its own interests.

Legal provisions related to information Any subject - user is obliged to acquire these rights before using the information product of interest to him. Any law on ownership governs the relationship between the owner and the user. Laws should protect both the rights of the owner and the rights of legal owners who have acquired the information product in a legal way.

Legal norms related to information Legislative acts of the Russian Federation Law of the Russian Federation 3523-I “On the legal protection of computer programs and databases” gives a legally accurate definition of concepts related to authorship and distribution of computer programs and databases. It determines that copyright extends to the indicated objects resulting from the creative activity of the author. The author has the exclusive right to publish programs and databases, their distribution, modification and other use.

Legal norms related to information Law of the Russian Federation 149-F3 “On Information, Information Technologies and Information Protection” (Fig. 1) governs relations arising from: (Fig. 1) exercising the right to search, receive, transmit and produce information; application of information technology; ensuring information security.

Legal provisions related to information In 1996, the section “Crimes in the field of computer information” was first introduced into the Criminal Code. He defined a measure of punishment for some types of crimes that have become common: O illegal access to computer information; O the creation, use and distribution of computer malware; O intentional violation of the rules of operation of computers and networks.

Legal norms for the protection of information In 2002, the Law on Electronic Digital Signatures was adopted, which became the legislative basis for electronic document management in Russia. In 2006, Law 152-0F3 “On Personal Data” (Fig. 2) entered into force, the purpose of which is to ensure the protection of the rights and freedoms of man and citizen when processing his personal data (with or without automation), including protect privacy rights (Fig. 2)

An offense is a legal fact (along with an event and an action), actions that are contrary to the norms of law (antipode to lawful behavior). Offenses are always associated with a violation by a certain person (s) of the current norm (s) of IP and the rights of other subjects of information legal relations. Moreover, these violations are socially dangerous and may entail difficulties or additional rights and obligations for certain entities. Information offenses

Crimes in the field of information technology include: O the spread of malicious viruses; O cracking passwords; O theft of credit card numbers and other bank details; O distribution of illegal information (slander, pornographic materials, materials that incite ethnic and religious hatred, etc.) via the Internet. Information offenses

The main offenses: pirated copying and distribution; unauthorized access; change or destruction of information (negative consequences in medicine, defense, nuclear industry); the spread of viral programs; computer fraud (theft and use of passwords, theft of bank details).

Organization of the data center service by an outside organization or people; universality of protection against all users; assignment of responsibility to persons who must ensure the security of the center; the choice of the location of the center, etc. Measures to prevent crime in the information sphere Measures include: Measures include:

Measures for the prevention of offenses in the information sphere And also: the development of standards establishing liability for computer crimes, the protection of copyrights of programmers, the improvement of criminal and civil law, as well as legal proceedings.

Measures for the prevention of offenses in the information sphere Methods of information protection: cryptographic information closure; encryption; hardware protection methods; software protection methods; backup; physical protective measures; organizational measures (table. 1).

1. Cryptographic information closure 1) the choice of rational encryption systems for reliable information closure; 2) the rationale for the implementation of encryption systems in automated systems; 3) development of rules for the use of cryptographic protection methods in the process of functioning of automated systems; 4) evaluation of the effectiveness of cryptographic protection.

3. Hardware protection methods o special registers for storing protection details: passwords, identifying codes, vultures or security levels; o code generators designed to automatically generate an identifying device code; o devices for measuring individual characteristics of a person (voice, fingerprints) in order to identify him;

O special bits of secrecy, the value of which determines the level of secrecy of the information stored in the memory to which these bits belong; o schemes for interrupting the transmission of information in the communication line with the aim of periodically checking the address of the data output. 3. Hardware protection methods

4. Software protection methods identification of hardware (terminals, group I / O control devices, computers, storage media), tasks and users; determination of the rights of technical means (days and time of work allowed to use the task) and users; monitoring the operation of technical equipment and users; registration of the work of technical means and users in the processing of information of limited use.

Destruction of information in the memory after use; alarms for unauthorized actions; auxiliary programs of various meanings: monitoring the operation of the protection mechanism, affixing a secrecy stamp on issued documents. 4. Software protection methods

It consists in storing copies of programs in the media: tape drive, flexible media, optical disks, hard drives; It is used to save programs from damage (both intentional and accidental), and to store rarely used files. 5. Backup

6. Physical protection measures physical isolation of structures in which the automated system equipment is installed from other structures; fencing the territory of computer centers with fences at such distances that are sufficient to exclude the effective registration of electromagnetic radiation, and organize systematic monitoring of these territories;

Organization of checkpoints at the entrances to the premises of computer centers or equipped entrance doors with special locks that allow you to control access to the premises; organization of a security alarm system. 6. Physical protection measures

7. Organizational measures measures taken during the design, construction and equipment of computer centers (VC) activities carried out during the selection and training of VC personnel (verification of hiring, creation of conditions under which the personnel would not want to lose their jobs, familiarization with liability measures for violation protection rules);

Organization of reliable access control; organization of storage and use of documents and media: definition of rules for issuing, maintaining journals of issuance and use; control of changes in mathematical and software; organization of user training and control. 7. Organizational measures

Reasons for information protection 1. A sharp amount of information accumulated, stored and processed using computers and other automation tools. 2. The concentration in a single database of information for various purposes and various accessories. 3. A sharp expansion of the circle of users with direct access to the resources of the computer system and the data contained in it.

4. The complication of the functioning modes of the hardware of computer systems: the widespread introduction of a multi-program mode, as well as modes of time and real-time sharing. 5. Automation of inter-machine information exchange, including at large distances. Reasons for protecting information

In connection with the growing importance of information resources, a number of legal measures have been taken to protect and protect them. Many features of the information society are already present in the modern life of developed countries. The problem of information security of existing systems for storing, transmitting and processing information is becoming vitally important for society. Conclusion

Computers control the operation of nuclear reactors, distribute electricity, control airplanes and spaceships, determine the reliability of the country's defense systems and banking systems, i.e. used in areas of public life that ensure the well-being and even life of many people. The importance of the problem of information security is evidenced by numerous facts. More than 80% of computer crimes are carried out through the global Internet, which provides cybercriminals with great opportunities for violations on a global scale. Conclusion

Cipline_informatika_i_ikt htm cipline_informatika_i_ikt htm 4. Bondarenko E. A., Zhurin A. A., Milyutina I. A. Technical training tools in modern school: A manual for the teacher and principal. / Ed. A.A. Zhurina. - M .: "UNVES", - 416 p. 5. Zakharova I. G. Information Technology  in education: Textbook. allowance for higher. training institutions. - M.: Publishing Center "Academy", - 192 p. List of used information resources