Law of Data Messages and Electronic Signatures No. 1204 of February 10, 2001, The special law against computer crimes official gazette 37313 of October 10, 2001.

(Essay)

Source

In Venezuela, the Law of Data Messages and Electronic Signatures No. 1204 of February 10, 2001 has been created, with objective and legal purposes, the contracting of the Electronic Law, recognizing the validity thereof.

Regarding article 8 of the law, it refers to the messages of Data and its proof in writing, when an electronic business is carried out and it has the same record of them, the messages must be recorded (file) and remain accessible in order to be consultants later, and also the time and date of receipt.

In relation to the norms that guide the application of the law, the following is highlighted:

• Data messages, electronic signatures and certification services can be proven because they enjoy legal security, as well as international recognition and the law ensures that the same brand is due to a balanced legal framework.

• Electronic signatures and certificates cover all technologies, their use is voluntary; Electronic signatures also have the same validity as manuals.

• Electronic signatures that belong to closed groups, where they already have established norms, can be omitted from the decree-law.

• There should be no doubt about the electronic signatures presented in the form of data messages that the law is guarantor and certifies them.

• The electronic certification service providers can define their responsibility in the definition, establish their own conditions, requirements for their use.

Regarding the obligations of the suppliers that are framed in article 35, or that the owner of the signature or electronic certificate has been granted the validity of the same, as well as legal support in case of breach thereof, which The superintendence of electronic certification services is notified.

The special law against computer crimes official gazette 37313 of October 10, 2001, in its article N ° .2, which makes reference to a series of definitions that are not so specific, that is to say the law defines them in a general way while In the field of information technology, definitions are more specific, more technical.

Regarding computer crimes, we can say that improper access means that to access a technology system without authorization of the debt; is a subject of law, that is, goes to the law, which has information without permission. Sabotage or damage to systems: this refers to deterioration, alters the information of the system as well as its components, in the same way as the sabotage of the virus. The culpable sabotage: it is when by omission it is committed by ignorance of the established norms. Falsification of documents: this refers to the fact that it is used for protection against them (damage, modify to eliminate documents, etc.). Computer espionage is another crime.

Of the crimes against the property in the article 13 that is referred to the right: we can say, that the people who use the use of the information technology accede to the systems to steal money, goods or information to the users. In article 14 fraud: it is when the improper use of information is used, inserting false information and making proof of the same in the prisoner by law. And in article 19 of "possession of equipment for counterfeits": refers to the fact that it must be authorized to manufacture and distribute the equipment so that the security of information technology can not be eliminated. In article 20 violation of the privacy of information or personal information: this is that the user can use it when it comes to a person who is in the email make public, this is how the privacy of the information is violated which is private. Article 21 Violation of the privacy of communications: this is when intercepting calls, radio signals, television, are connected by program of the same, sabotages television networks, etc., by managing the technologies of information.

To conclude this analysis, it can be said in the same order of ideas that one can attack the rights of a person through computer media, through access to social networks, exhibiting photographic material and private personal information against a person. person, which carries a fine, a penalty.

BIBLIOGRAPHIC REFERENCE

• Law of Data Messages and Electronic Signatures No. 1204 of February 10, 2001.
• The special law against computer crimes official gazette 37313 of October 10, 2001.