Kybernetická zbraň a právo: kybernetické útoky proti nemocnicím
| Title in English | Cyber Weapon and the Law: Cyber Attacks Against Hospitals |
|---|---|
| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| web | Odkaz na publikovaný text výsledku |
| Keywords | cyber weapon; weapon; Benešov cyber incident; criminal law; cyber crime |
| Description | In this article, the authors discuss the potential meaning and normative grasp of the term cyber weapon, which has been used in the public space in the context of the cyber-attack against the Rudolf and Stefanie Hospital in Benesov. In this respect, the authors analyze details of the cyber incident to identify constitutive elements of a cyber weapon and a possibility of subsequent subsumption and application of the term cyber weapon in the Czech legal environment. As a part of the legal analysis, the authors try to deal with the situation that the Czech legal system not only does not know the concept but also does not envisage it and, in a large number of areas, does not allow for its application even through extensive legal interpretation, and therefore they focus on the criminal law as the most relevant branch for the given issue. The authors assess whether the criminal law consideration of advanced malware is desirable and offer several directions in which the subsumption and application can be considered, focusing primarily on the issue of the qualifying extension and regulatory completion of the qualified offence of unauthorized access to a computer system and the possibilities offered by the aggravating circumstances legislation. They conclude the article with an evaluation and recommendations for future development. |
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