Abstract
This chapter will consider the Framework Decision 2005/222/JHA, its background and the forthcoming changes introduced by the Directive against Information Systems which will replace the Framework Decision. The latter was recently passed in 2013 following major amendments introduced by the European Parliament by 541 votes to 91 votes. The main changes under the Directive would be its breadth by covering attacks against Information Systems using botnets and DOS attacks and provide minimum rules for the definition of criminal offences and sanctions in the area of attacks against Information Systems.
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Notes
- 1.
European Parliament. Combating attacks against Information Systems available at http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?id=587653, last accessed 16th March 2013.
- 2.
European Economic Social Committee, Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council on attacks against Information Systems and repealing Council Framework Decision 2005/222/JHA’ COM(2010) 517 final—2010/0273 (COD) dated 23 July 2011.
- 3.
Ibid. See also UK Parliament. Attacks against Information Systems available at http://www.publications.parliament.uk/pa/cm201012/cmselect/cmeuleg/428-xxix/42815.htm, dated 8 June 2011.
- 4.
Proposed Directive (COM) 2010/0273 517 final. See “Commission proposes boosting Europe’s defences against cyberattacks” (2010) EU Focus 22.
- 5.
Report on the proposal for a Directive of the European Parliament and of the Council on attacks against Information Systems and repealing Council Framework 2005/222/JHA COM(2010)0517. http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-224&language=EN, dated 19 June 2013.
- 6.
Ibid. See also European Parliament debates on attacks against Information Systems available at http://www.europarl.europa.eu/sides/getDoc.do?type=CRE&reference=20130703&secondRef=ITEM-018&language=EN&ring=A7-2013-0224, dated 3 July 2013.
- 7.
EU: Proposed directive to harmonise penalties for cyber attacks available at http://www.pitmans.com/news/eu-proposed-directive-to-harmonise-penalties-for-cyber-attacks, last accessed 30 July 2013.
- 8.
Elusive cyber-attackers to face 5 years’ jail at http://www.euractiv.com/infosociety/elusive-cyber-attackers-face-years-jail-news-505521, date last accessed 4th May 2012.
- 9.
Member states reportedly unconvinced on need for EU Cybersecurity Directive available at http://www.bna.com/member-states-reportedly-n17179874317/, dated 3 June 2013.
- 10.
Hunton and Williams. European Parliament adopts new legislation to fight cybercrime available at http://www.huntonprivacyblog.com/2013/07/articles/european-parliament-adopts-new-legislation-to-fight-cyber-crime/, dated 5 July 2013.
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Wong, R. (2013). Framework Decision 2005/222/JHA and the Directive Against Information Systems. In: Data Security Breaches and Privacy in Europe. SpringerBriefs in Cybersecurity. Springer, London. https://doi.org/10.1007/978-1-4471-5586-7_7
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DOI: https://doi.org/10.1007/978-1-4471-5586-7_7
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