Intellectual Property Law

Argentina Modifies its Criminal Code to Include Information Technology Crimes

By IBLS Editor

Argentina approved law 26388 (2008) that updates its criminal code and sanctions information technology crimes. On June 4^th, and after numerous debates, Argentinean ?Camara de Diputados?  typified as crimes the following conducts  (a) the distribution and possession with the intent to distribute child pornography; (b) e-mail violations; (c) illegal access to information systems; (d) distribution of virus and damages to information systems; (e) aggravated crimes against information systems; and (f) interruption of communications.   The new law will become part of Argentinean Criminal Code.

Article 128 of the Argentinean Criminal Code now sanctions with prison of 6 months to 4 years those who produce, finance, offer, trade, publish, facilitate, divulge, or distribute, by any means [this includes the Internet], sexually explicit images of persons under 18.  Article 128 also sanctions those who possess minors? sexually explicit images with the intent to distribute or trade them; for this crime, criminals will receive from 4 months to 2 years in prison.

Criminal Code chapter III, title V, was renamed with the title ?Violation of Secrets and Privacy.? Within this chapter, article 153 was modified to include violations of electronic communications. Those who access and obtain, without authorization, an electronic communication, letter, attachment, fax, telegraph, may be sentenced from 15 days to 6 months in prison.  Thus, it is now a crime in Argentina to access e-mails without authorization.  The new law also makes a crime to delete or detour electronic communications by persons other than their addressee.  Unauthorized interception or capture of private electronic communications is also sanctioned under the new Argentinean law (this may cover VoIP communications).  Unauthorized access to private or public databases and information technology systems became a new type of crime in Argentina, sanctioned with prison time.  Violation of databases, including revealing information to third parties, became a punishable under the new law.

Regarding damages to information technology systems, Law 26388 established that those who alter, destroy, or unlawfully use information systems, including their programs and documents; or introduce virus to those systems, may be sentenced to prison for up to 4 years. 

Finally, Law 26388 makes it a crime to alter, conceal, or destroy electronic communications or documents that will be used as evidence in legal proceedings; this crime carries a sentence of up to 4 years in prison.  

Argentinean Law 26388 definitely includes a comprehensive set of regulations against information technology crimes.  Yet, the sentences imposed are not as harsh as they are in other countries; especially taking in consideration the intricate congressional process any modification of sentences may take (Argentina has a civil law system). 

Full post as published by IBLS Internet Law Blog on July 01, 2008 (boomark / email).