CYBERSECURITY: REGULATION AND POLICY

CYBERSECURITY: REGULATION AND POLICY

Paola Severino, Emanuele Birritteri

Instructional goals

Provide the student with an overview of the risks related to the widespread of ICT. Provide the student with the competences that are necessary to assess the relevant areas of cybercrime. Study of cybersecurity from a legal and regulatory point of view, following an integrated approach that takes into account the interdisciplinary nature that characterizes the course.

Intended learning outcomes

Knowledge and understanding: The student will gain full knowledge of cybercrime and illicit activities committed through the use of ICT. The student will also be able to identify relevant compliance measures in relation to cybersecurity and corporate liability. Such knowledge will be ascertained through the evaluation of classroom presentations by students. At the end of the course, an oral exam will be held. Applying knowledge and understanding: The student, thanks to the knowledge of the basics of cybersecurity, will be able to apply, also with regard to the resolution of practical cases, the relevant notions to define the individual and collective liability related to the management of the so-called “cyber risk”. In this way, the student will have the basic knowledge of the subject necessary to work as a professional within companies that use information systems. The student will also be able to link the notions learned with topics related to other academic disciplines (e.g. management, legal computer science, information security). The student will be able to apply the criminal law legal doctrine for the resolution of practical cases as well as for oral presentations. This knowledge will be evaluated taking into account the results of individual presentations and the final exam. The presence of media content on the e-learning platform and the participation to the workshops will allow to verify in real time the hard and soft skills acquired by students. Making judgments: By using a correct study and research methodology acquired during the course, the student will be able to collect data and materials to analyze relevant regulations as well as the case law and the legal doctrine related to the offences considered. The student will also be able to identify basic compliance measures to address cybersecurity risks in corporate organizations. The student will gain the ability to evaluate data and materials independently and to formulate his own critical judgment on the application of the fundamental principles and categories of criminal law to practical cases. Communication skills: At the end of the course the student will be able to use the basic ‘dictionary’ of cybersecurity, addressing the legal issues submitted to his attention with fluency and using the proper technical language. The student will be able to apply these communication skills in different contexts. The student will acquire argumentative skills as well as the ability to adapt the terms used to the context and to his/her interlocutor. Learning skills: The knowledge acquired during the course will allow the student to independently understand and interpret regulatory changes, connecting the concepts learned to the ‘special part’ of criminal law. The knowledge and application of these principles and institutes during the course will also provide the student with that solid knowledge of the fundamental aspects of criminal discipline necessary to undertake different postgraduate specializations. In addition, through participation to the workshops, the student will be able to use the basic methodologies to design and present the results of research not only in the criminal law field, but also in the management/corporate compliance sector.

Course Contents

Study of regulatory policies on cybersecurity at national and international level; prevention and repression of cybercrime; digital privacy; data protection policies; new frontiers of cybersecurity. Principles and basics of cybersecurity. Cyberattacks Cybercrime in general and regulatory sources of computer-related offences Financial cybercrime and online frauds Individual protection and cyberspace New frontiers of ICT and criminal justice system Protection measures, corporate liability and international cooperation

Reference Books

Severino, Paola e Gullo, Antonio (eds.). Diritto penale e cybersecurity. Torino: Giappichelli, 2025.

Teaching Methods

Theoretical lessons; sharing of information/experience; practical workshops.

Assessment Method

The final exam consists of an oral interview and the student shall demonstrate that he/she has achieved the expected learning outcomes, firstly with regard to the necessary knowledge of the relevant areas of cybercrime included in the course programme. The student shall also demonstrate his/her ability to identify basic compliance measures to address cybersecurity risks in corporate organizations. The student shall be able to use an appropriate legal vocabulary and to give a correct legal qualification to concrete cases. The student is also expected to prove that he/she is able to independently analyse relevant legislation and case law, as to develop an autonomous ability to study the subject. The grade will be awarded in thirtieths and the following evaluation criteria will be taken into account: - knowledge and understanding of the offences included in the course programme, ability to assess and manage cybersecurity risks (70 %); appropriate use of the technical and legal vocabulary, ability to independently evaluate and analyse relevant sources, activities carried out during the course (30%). On the basis of the assessment criteria described above, for students who have attended at least 80 % of the lectures: participation in the mock trials will be considered for 30 % in the final examination. The remaining 70 % of the mark will be attributed according to the assessment methods and criteria specified above in the context of the final oral interview. Learning gaps concerning one or more notions or offences will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.

Thesis assignment criteria

Interest in the course; good result/grades in the evaluation; good presentation in the working groups.

Week 1

Repression of crimes and prevention of risk: new needs for protection / Definition of cybersecurity / Cybersecurity essentials / Cyber risk and protection measures / Criminal law issues of cybersecurity / Cybersecurity, cyber-risk governance and criminal law issues --- Sections of the textbook relevant to the topics addressed this week: Part I – Chapter I

Week 2

Trends of evolution of cybercrime: transnationality, variability of cyberattacks, anonymity, lack of sensitivity

 / Locus commissi delicti of computer offences
 Minimum security measures and the Resolution of Italian Agency for Digital Innovation (AgID) Guidelines ACN / NIS Directive and essential service operators. NIS 2 Directive, Legislative Decree No. 138/2024 and implementing legislation --- Sections of the textbook relevant to the topics addressed this week: Part I – Chapter II Part III – Chapter IX

Week 3

The competences of the European Union
 - The 2013/40/EU Directive on Attacks on Information Systems / Latest developments: DORA Regulation, CER Directive, Cyber Resilience Act National strategic plans and national cyber security perimeter / Law No. 90/2024 Cyberspace and its implications on substantive criminal law
 / Definitions and categories of computer-related offences Cybercrime: the international framework and the criminalization obligations
 - The Budapest Convention / The UN Cybercrime Convention --- Sections of the textbook relevant to the topics addressed this week: Part I – Chapters I and II Part III – Chapter IX

Week 4

Controls and controllers: new rights and guarantors in cyberspace. 
 Liability for the failure to prevent offences by the digital service provider: from the provisions of Legislative Decree No. 70/2003 to the recent regulatory framework.
 Criminal offences protecting the confidentiality of information.
 Illegal access to a computer system. Structure of the crime and relevant case law
 Dissemination and holding of access codes to computer systems (art. 615-quater of the Italian Criminal Code)

 Criminal offences protecting computer or telematic communications (art. 617- quater ff. of the Italian Criminal Code)
 --- Sections of the textbook relevant to the topics addressed this week: Part I – Chapter III Part II – Chapter IV

Week 5

Practical Lab. Controls and controllers: new rights and guarantors in cyberspace. 
 Leading cases and national and European case law.

 Internet Service Provider, active hosting and responsibilities for users’ conducts: recent case law
 Omissive liability
 Liability of ISP for failure to comply with co-operation and accountability obligations 
Hate speech and provider liability Illegal access to a computer system. Locus commissi delicti and case law evolution
 Criminal offences protecting data and systems integrity
 Historical-regulatory evolution and analysis of criminal cases
(arts. 635-bis ff. of the Italian Criminal Code) --- Sections of the textbook relevant to the topics addressed this week: Part I – Chapter III Part II – Chapter IV Part II – Chapter VI

Week 6

Cyberspace and individuals’ protection
 Online defamation and press-related crimes.
 Traditional press and online press 
 Responsibility of the editor
 Recent case law

 Disinformation and criminal liability Practical Lab: taxonomy of cyber attacks Quiz on the topics covered in the previous part of the course --- Sections of the textbook relevant to the topics addressed this week: Part II – Chapter V – Section II and III

Week 7

Cyberspace and individuals’ protection
 Child pornography (art. 600-ter ff. of the Italian Criminal Code) and analysis of legal cases / Revenge porn (art. 612-ter of the Italian Criminal Code) From the individual liability to corporate liability
. Business and cyber-risk
 Art. 24-bis of the Italian Legislative Decree No. 231/2001
 --- Sections of the textbook relevant to the topics addressed this week: Part II – Chapter V – Section I Part III – Chapter X

Week 8

Cyberterrorism. Crimes committed with the purpose of terrorism through the use of information and communication systems. 
The European and international legal framework
 The 2017/541/EU Directive and criminalization obligations 
The Italian legislative framework and recent regulatory changes --- Sections of the textbook relevant to the topics addressed this week: Part II – Chapter VIII

Week 9

Financial cybercrime 
Computer fraud (art. 640-ter of the Italian Criminal Code)
 Phishing
 Web scam and other online frauds 

Financial cybercrime: phenomenology and repression 
Financial cybercrime and computer investigations New technological frontiers and criminal risk
 Money-laundering and self-laundering in the digital age
 Cyberlaundering
 Virtual currencies and AML policies Obliged entities and reporting obligations
 Speculative activities and VCs self-laundering Mock Trial: Progress of the work --- Sections of the textbook relevant to the topics addressed this week: Part II – Chapter VII

Week 10

The protection of personal data through criminal law
 The protection of personal data: evolution of legal framework
 GDPR and Italian Legislative Decree No. 101/2018
 Subjects and obligations for data processing
 The administrative sanctions

Illicit data processing (art. 167 of the Italian Legislative Decree No. 196/2003) 
 --- Sections of the textbook relevant to the topics addressed this week: Part III – Chapter XI

Week 11

The protection of personal data through criminal law
 Illicit communication and dissemination of great amounts of personal data (art. 167-bis of the Italian Legislative Decree No. 196/2003)
 Fraudulent acquisition of large-scale processing of personal data (art. 167-ter of the Italian Legislative Decree No. 196/2003)
 The criminal protection of the functions of the Data Protection Authority (Arts. 168 and 170 of the Italian Legislative Decree No. 196/2003) --- Sections of the textbook relevant to the topics addressed this week: Part III – Chapter XI

Week 12

Artificial intelligence, cybercrime and cybersecurity Artificial Intelligence and criminal compliance Mock trial --- Sections of the textbook relevant to the topics addressed this week: Part IV – Chapters XV and XVI